ITB_2526S011_E-1_Aggregate_Dyea_Road_Skagway_-Federally_Funded.pdf

STATE OF ALASKA –

INVITATION TO BID

ITB 2526S011

E-1 AGGREGATE DYEA ROAD IN SKAGWAY -FEDERALLY FUNDED

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STATE OF ALASKA

INVITATION TO BID (ITB)

TITLE: E-1 AGGREGATE DYEA ROAD IN SKAGWAY -FEDERALLY FUNDED

ITB #2526S011

DATE ITB ISSUED: JULY 25, 2025

This Invitation to Bid (ITB) is intended to result in a one-time federally funded purchase and delivery of E-1 Aggregate to Skagway for the Department of Transportation & Public Facilities (DOT&PF), Maintenance & Operations (M&O) Division.

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 in order to receive notification of subsequent amendments to the solicitation. Failure to register with the procurement officer may result in the rejection of your offer.

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 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 fails to comply with (2) of this paragraph, the state may reject the bid, terminate the contract, or consider the contractor in default.

Erik Shook Procurement Officer

1)

COMPANY SUBMITTING BID

5)______________________________

TELEPHONE NUMBER

___________________________ 2)

AUTHORIZED SIGNATURE

6)______________________________

ALASKA BUSINESS LICENSE NUMBER

(Is name on license the same as Item 1?)

Phone: (907) 465-5852

TDD: (907) 465-3124

Email: erik.shook@alaska.gov

3)

PRINTED NAME

7)________________________________

FEDERAL TAX ID NUMBER

4)

DATE

8)____________________________________

E-MAIL ADDRESS

This procurement is being processed and administered under the DOT&PF delegation of procurement authority in accordance with AS 36.30.270 and COB #03-006.

mailto:erik.shook@alaska.gov

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TABLE OF CONTENTS

SECTION 1. INTRODUCTION & INSTRUCTIONS

SEC. 1.01 PURPOSE OF THE ITB

SEC. 1.02 BUDGET

SEC. 1.03 DEADLINE FOR RECEIPT OF BIDS

SEC. 1.04 PRIOR EXPERIENCE

SEC. 1.05 REQUIRED REVIEW

SEC. 1.06 QUESTIONS PRIOR TO DEADLINE FOR RECEIPT OF BIDS

SEC. 1.07 RETURN INSTRUCTIONS

SEC. 1.08 ASSISTANCE TO BIDDERS WITH A DISABILITY

SEC. 1.09 AMENDMENTS TO BIDS

SEC. 1.10 AMENDMENTS TO THE ITB

SEC. 1.11 ITB SCHEDULE

SEC. 1.12 ALTERNATE BIDS

SEC. 1.13 SUPPORTING INFORMATION

SEC. 1.14 FIRM, UNQUALIFIED, AND UNCONDITIONAL OFFER

SEC. 1.15 FEDERAL CONTRACT PROVISIONS

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 CONTRACT ADMINISTRATION

SEC. 2.07 CONTRACT PERFORMANCE LOCATION

SEC. 2.08 SPECIFICATIONS

SEC. 2.09 SAMPLING AND TESTING

SEC. 2.10 PRODUCT REJECTION

SEC. 2.11 THIRD-PARTY FINANCING AGREEMENTS NOT ALLOWED

SEC. 2.12 SUBCONTRACTORS

SEC. 2.13 JOINT VENTURES

SEC. 2.14 RIGHT TO INSPECT PLACE OF BUSINESS

SEC. 2.15 F.O.B. POINT

SEC. 2.16 DELIVERY

SEC. 2.17 PROOF OF DELIVERY OR WEIGHT TICKETS

SEC. 2.18 DELIVERY TIME

SEC. 2.19 DELIVERY CONFIRMATION

SEC. 2.20 ADVANCED NOTICE OF DELIVERY

SEC. 2.21 INSPECTION & MODIFICATION - REIMBURSEMENT FOR UNACCEPTABLE DELIVERABLES

SEC. 2.22 LIQUIDATED DAMAGES FOR LATE DELIVERY

SEC. 2.23 ORDERS

SEC. 2.24 FIRM QUANTITIES

SEC. 2.25 CONTRACT CHANGES – UNANTICIPATED AMENDMENTS

SEC. 2.26 CONTINUING OBLIGATION OF CONTRACTOR

SEC. 2.27 BILLING INSTRUCTIONS - INVOICES

SEC. 2.28 ALTERATIONS

SEC. 2.29 INDEMNIFICATION

SEC. 2.30 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 EXTENSION OF PRICES

SEC. 4.03 METHOD OF AWARD

SEC. 4.04 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

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SEC. 5.04 COMPLIANCE

SEC. 5.05 SUITABLE MATERIALS, ETC

SEC. 5.06 SPECIFICATIONS

SEC. 5.07 CONTRACTOR SITE INSPECTION

SEC. 5.08 ORDER DOCUMENTS

SEC. 5.09 HUMAN TRAFFICKING

SEC. 5.10 RIGHT OF REJECTION

SEC. 5.11 STATE NOT RESPONSIBLE FOR PREPARATION COSTS

SEC. 5.12 DISCLOSURE OF BID CONTENTS

SEC. 5.13 ASSIGNMENTS

SEC. 5.14 FORCE MAJEURE (IMPOSSIBILITY TO PERFORM)

SEC. 5.15 DEFAULT

SEC. 5.16 DISPUTES

SEC. 5.17 SEVERABILITY

SEC. 5.18 CONTRACT CANCELLATION

SEC. 5.19 GOVERNING LAW; FORUM SELECTION

SEC. 5.20 QUALIFIED BIDDERS

SEC. 5.21 FEDERALLY IMPOSED TARIFFS

SEC. 5.22 PROTEST

SECTION 6. ATTACHMENTS

SEC. 6.01 ATTACHMENTS

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SECTION 1. INTRODUCTION & INSTRUCTIONS

SEC. 1.01 PURPOSE OF THE ITB

This Invitation to Bid (ITB) is intended to result in a one-time federally funded purchase and delivery of E-1 Aggregate to Skagway for the Department of Transportation & Public Facilities (DOT&PF), Maintenance & Operations (M&O) Division.

SEC. 1.02 BUDGET

The Department of Transportation and Public Facilities (DOT&PF), Division of Maintenance and Operation (M&O). Project location budgets are as follows:

Project budget is $900,000.00 dollars. Bids priced at more than $900,000.00 will be considered non-responsive and rejected.

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

SEC. 1.03 DEADLINE FOR RECEIPT OF BIDS

Bids must be received no later than 2:00 PM Alaska Time on July 31, 2025 at which time they will be publicly opened. Late bids or amendments will be considered non-responsive and will not be opened or accepted for evaluation.

SEC. 1.04 PRIOR EXPERIENCE

No specific minimums have been set for this ITB.

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 prior to 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.

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SEC. 1.07 RETURN INSTRUCTIONS

Bidders must submit one (1) hard copy submission of their entire bid, in writing, to the procurement officer in a sealed package. The sealed bid package must be addressed as follows:

Hard copy or electronic bid submission is acceptable. Faxed or oral bids will not be accepted.

Hard copy sealed proposal package(s) must be addressed and mailed as follows:

Department of Transportation & Public Facilities Statewide Contracting and Procurement

Attention: Erik Shook Invitation to Bid (ITB) Number: 2526S011

ITB Title: E-1 AGGREGATE DYEA ROAD IN SKAGWAY -FEDERALLY FUNDED

PO Box 112500 3132 Channel Drive, Room 350

Juneau, Alaska 99811-2500

If using a delivery service, please use the following address:

Department of Transportation & Public Facilities Attention: Erik Shook

Invitation to Bid (ITB) Number: 2526S011 3132 Channel Drive, Room 350

Juneau, Alaska 99801

An offeror’s failure to submit its bid prior to the deadline will cause the bid to be disqualified. Late bids or amendments will not be opened or accepted for evaluation.

Please take into consideration that due to weather, scheduling, and location there is no overnight delivery service to Juneau, Alaska.

Electronic Submission:

If submitting a bid via email, the bid must be emailed to dotstatewideprocurement@alaska.gov as clearly labeled attachments, such as “Vendor A – bid.pdf”. The email must contain the ITB number in the subject line.

The maximum size of a single email (including all text and attachments) that can be received by the state is 15 mb (megabytes). If the email containing the proposal exceeds this size, the bid must be sent in multiple emails that are each less than 15 megabytes and each email must comply with the requirements described above.

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

It is the offeror’s responsibility to contact the issuing agency at (907) 465-8447 to confirm that the proposal has been received. The state is not responsible for unreadable, corrupt, or missing attachments.

mailto:dotstatewideprocurement@alaska.gov

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SEC. 1.08 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 ten days prior to the closing of the bid to make any necessary arrangements.

SEC. 1.09 AMENDMENTS TO BIDS

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

AAC 12.160.

SEC. 1.10 AMENDMENTS TO THE ITB

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

SEC. 1.11 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 N/A July 25, 2025 Deadline for Receipt of Bids / Bid Due Date 2:00 PM Alaska Time July 31, 2025 Bid Evaluations Complete N/A August 01, 2025 Notice of Intent to Award N/A August 01, 2025 Contract Issued N/A August 11, 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 Transportation & Public Facilities (DOT&PF), 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. 1.12 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.

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SEC. 1.13 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. 1.14 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.

SEC. 1.15 FEDERAL CONTRACT PROVISIONS

Required Contract Provisions for Federal-Aid Contracts, Required Contract Provisions for Federal-Aid (FHWA) Contracts, (Form 25C-55A (10/23)(FAA Provisions 01/2023) pages 1 through 18 is attached to this document.

This contract incorporates the provisions by reference, with the same force and effect as if they were given in full text. The Contractor must identify all known federal requirements that apply to the proposal, the evaluation, or the contract.

CONTRACT FUNDING:

The funding of the resultant contract will be provided by the U.S. Federal Aviation Administration (FAA). Federal funds are identified and appropriated for the first term of the contract. Payment and performance obligations for additional terms of the contract are subject to the availability and appropriation of funds.

STATEMENT OF FINANCIAL ASSISTANCE:

Statement of Financial Assistance: This Procurement is subject in part to financial assistance grants agreement between the State of Alaska and the Federal Aviation Administration.

Sec. 36.30.890. Federal Assistance If a procurement involves the expenditure of federal funds or federal assistance and there is a conflict between a provision of this chapter or a regulation adopted under a provision of this chapter and a federal statute, regulation, policy, or requirement, the federal statute, regulation, policy, or requirement shall prevail.

2 AAC 12.730. Federal Assistance If a procurement involves the expenditure or federal funds or requires federal assistance and there is a conflict between a provision of this chapter and federal statute, regulation, policy, or requirement, the procurement officer shall comply with the federal statute, regulation, policy, or requirement. Authority: AS 36.30.040; AS 36.30.890

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SECTION 2. SCOPE OF WORK AND CONTRACT INFORMATION

SEC. 2.01 SCOPE OF WORK

The Contractor will deliver 12,000 Tons (6000 cyd) of State Spec E-1 Aggregate to Dyea Road in Skagway, Alaska for the Department of Transportation & Public Facilities (DOT&PF), Maintenance & Operations (M&O) Division.

SEC. 2.02 CONTRACT TERM

The length of the contract will be from the date of award, approximately August 11, 2025, and final delivery must be completed no later than seven days after the contract is awarded. This contract contains no options to renew.

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

This solicitation will result in a Firm Fixed Price 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 Transportation & Public Facilities (DOT&PF) 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.

SEC. 2.05 ELECTRONIC PAYMENTS

The State of Alaska prefers vendors receive payment via Electronic Funds Transfer (EFT). Bidders may review information concerning the EFT process and access the Electronic Payment Agreement Form for Vendors at the following link: https://doa.alaska.gov/dof/vendor.html. Method of payment is not a factor in the State’s determination for award.

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

SEC. 2.06 CONTRACT ADMINISTRATION

The resulting contract will be administrated by the Procurement Officer, Project Manager or Designee.

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

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SEC. 2.07 CONTRACT PERFORMANCE LOCATION

The location(s) the work is to be performed, completed, and managed is the contractor’s place of business, with delivery of commodities to Skagway, Alaska.

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. 2.08 SPECIFICATIONS

DESCRIPTION

299-1.1 This item consists of an aggregate surface course composed of crushed coarse aggregate bonded with either soil or fine aggregate or both. It shall be constructed on a prepared course according to these Specifications and to the dimensions and typical cross section shown on the Plans.

MATERIALS

299-2.1 GENERAL. Aggregates shall consist of hard, durable particles or fragments of stone or gravel mixed or blended with sand, stone dust, or other similar binding or filler materials produced from approved sources. The aggregate shall be free from vegetation, lumps, or excessive amounts of clay and other objectionable substances.

The coarse aggregate shall have a maximum Micro-Deval value of 21% when tested according to AASHTO T 327.

The aggregate shall have a percent of wear not more than 50 at 500 revolutions as determined by AASHTO T 96 and shall not show evidence of disintegration nor show loss greater than 12% when subjected to 5 cycles of sodium sulfate accelerated soundness test using AASHTO T 104.

a. Crushed Aggregate Surface Course. The aggregates shall consist of both fine and coarse fragments of crushed stone or crushed gravel mixed or blended with sand, screenings, or other similar approved materials. The material shall consist of hard, durable particles or fragments of stone and shall be free from excess soft or disintegrated pieces, dirt, or other objectionable matter.

The fractured particles in the finished product shall be as uniform as practicable. At least 75% by weight of material retained on the No. 4 sieve shall have one or more fractured faces, when tested according to

ATM 305.

If necessary to meet this requirement, or to eliminate an excess of fine, uncrushed particles, the gravel shall be screened before crushing.

The fine, aggregate portion, defined as the portion passing the No. 4 sieve, produced in crushing operations, shall be incorporated in the base material to the extent permitted by the gradation requirements.

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299-2.2 GRADATION. The gradation of the crushed material shall meet the requirements of the gradations indicated in Table 1, when tested according to ATM 304.

TABLE 1

AGGREGATE GRADATION REQUIREMENTS

The specified gradations represent the limits of suitability of aggregate for use from the sources of supply. The final gradations decided on, within the specified limits, shall be well graded from coarse to fine and shall not vary from the low limit on one sieve to the high limit on the adjacent sieves, or vice versa.

The portion of the material passing the No. 40 sieve shall have a liquid limit not more than 35 and a plasticity index not more than 10, when tested according to ATM 204 and ATM 205.

299-2.3 FINES FOR BLENDING. If additional fine material is necessary, it shall be obtained from approved sources and uniformly blended with the aggregate at the crushing plant, the mixing plant, or as approved by the Engineer. Silt, stone dust, or other similar fine material may be used as binder.

MATERIALS TESTING

Sampling of materials for quality and acceptance shall be directed by State DOT WAQTC certified technicians.

Quality test results are due after issuing the Notice of Intent to Award (NOIA) and prior to crushing. Material quality and acceptance testing, shall be performed by an AASHTO accredited laboratory, indicating that the material meets state specifications for E-1. Quality control sampling and testing may be conducted at any time at the discretion of the State.

SEC. 2.09 SAMPLING AND TESTING

The State may require sampling and testing throughout the contract period. Testing will be conducted at the State’s laboratories using appropriate test methods according to the ITB’s “Specifications” to determine if the product offered meets all requirements The contractor will be allowed to observe the tests if requested in writing.

If testing is performed at an independent lab, the contractor may be notified to redirect the sample to a laboratory as determined by the State. The State shall provide 48-hour advance notice to the contractor of the name, location and contact information of the independent lab performing the tests. If the product fails to meet the ITB specifications, the contractor will assume all financial responsibility of the test and the State will, at its option, reject the delivery [See PRODUCT REJECTION].

Sieve Designation(Square Openings) Percentage by weight passing sieves For E-1

1.0 in. 100 3/4 in. 70-100 3/8 in. 50-85 No. 4 35-65 No. 8 20-50

No. 50 15-30 No. 200 8-15

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SEC. 2.10 PRODUCT REJECTION

Any product may be rejected if it fails to conform to the specifications. This includes the material, the packaging and the delivery requirements. If the product fails to meet specifications, the State will at its option cancel the contract or allow the contractor to replace the defective product. In no instance will the State pay any cost associated with the remedy for the defective product. The return shipment of refused product will be at the Contractor's expense at no additional cost to the State. At its option, the State may consider a cost adjustment from the contractor in lieu of replacement product. The cost reduction shall be based on the State’s assessment of damages as a result from either sampling and testing or the condition of the shipment upon delivery.

SEC. 2.11 THIRD-PARTY FINANCING AGREEMENTS NOT ALLOWED

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

SEC. 2.12 SUBCONTRACTORS

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

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

• complete name of the subcontractor;

• complete address of the subcontractor;

• type of work the subcontractor will be performing;

• percentage of work the subcontractor will be providing;

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

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

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

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

SEC. 2.13 JOINT VENTURES

Joint ventures will not be allowed.

SEC. 2.14 RIGHT TO INSPECT PLACE OF BUSINESS

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

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SEC. 2.15 F.O.B. POINT

The F.O.B. points are various locations within the State of Alaska as specified on the “Bid Schedule”. Specific address, contact name and phone number for each DOT/PF Maintenance Station are identified by Region and attached. The contractor will be required to prepare the items for shipping and to ship them to the ultimate destination specified in the State's order. Ownership of and title to the ordered items remains with the contractor until the items have been delivered to their final destination and are accepted by the State. The costs of all shipping and delivery must be included in the bid price

SEC. 2.16 DELIVERY

Bid price must include freight to the final destination. The contractor shall determine the type of vehicle used for all deliveries. The contractor shall remedy any rejected shipment within 72 hours.

Delivery must be made within the timeframe specified in the "Bid Schedule” with no exceptions. The Bid Schedule identifies a date for the delivery. This date represents a “no later than” delivery requirements.

Delivery MUST be made by this time. By signature on page one of the ITB, the bidder guarantees delivery to each location within the timeframe set forth in the “Bid Schedule”.

SEC. 2.17 PROOF OF DELIVERY OR WEIGHT TICKETS

For all product deliveries, weight tickets are required and must be presented to the receiving on-site DOT/PF representative for signature at the time of delivery. Only computer generated weight tickets from State certified weigh scales will be accepted. For each delivery, the weight ticket must clearly identify the destination, the truck and driver, the gross weight, tare weight and net weight of each vehicle utilized in the delivery.

Handwritten tickets will not be accepted. Double-draft weighing of vehicles is illegal per AS 45.75.050(d) and will not be accepted. Reference: http://www.dot.alaska.gov/mscve/.

SEC. 2.18 DELIVERY TIME

The elapsed time between the time the state places an order and the time that order is actually shipped from the contractor's place of business must be entered in space provided under "BID SCHEDULE". This processing time is to remain constant throughout the life of the contract(s). The order is considered placed upon the issuance of the contract.

SEC. 2.19 DELIVERY CONFIRMATION

Bidders must obtain a written confirmation from both the supplier and the shipper that the items offered are scheduled for production and transport in sufficient time to meet scheduled delivery dates. A copy of the supplier’s and shipper’s confirmation may be included with the bid or submitted within 30 calendar days of State’s request. The bidder’s failure to provide these confirmation documents as required will cause the State to consider the bid non-responsive and reject the bid.

http://www.dot.alaska.gov/mscve/

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SEC. 2.20 ADVANCED NOTICE OF DELIVERY

Notify Erik Norberg (erik.norberg@alaska.gov 907-465-1011) 48 hours before delivery to final location. The contractor must provide the State 48 hours advance notice of each delivery. Failure to provide advance notice may delay the State’s ability to accept the shipment. Onsite contact is Shaun McKnight (907-983-2323)

SEC. 2.21 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. 2.22 LIQUIDATED DAMAGES FOR LATE DELIVERY

Late delivery will cause the State to suffer damages. Actual damages will be difficult to assess; therefore, it is mutually agreed that the contractor will pay the state damages at the rate of $750.00 dollars per occurrence for each calendar day beyond the delivery date called for in the ITB.

SEC. 2.23 ORDERS

The order for this ITB will be placed against the Contract Award document. Bidder guarantees delivery no later than seven days after receipt of award.

SEC. 2.24 FIRM QUANTITIES

The firm quantities referenced in this ITB represent the State's firm quantity purchase.

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 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.

mailto:erik.norberg@alaska.gov

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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 - INVOICES

Invoices must be sent directly to the ordering Regional Office as identified below. The ordering agency will only make payment after receipt of product, the itemized invoice and weight ticket or Proof of Delivery (POD).

Question concerning payment must be addressed to the ordering Region.

Invoices must be submitted as follows:

1. One invoice for the complete order.

2. Invoices must clearly identify the Purchase Order and Lot number, item description, quantity, unit price and extended price.

Invoices for partial deliveries will not be accepted. Partial payments will not be made. Invoices must be submitted by email to: erik.norberg@alaska.gov.

SEC. 2.28 ALTERATIONS

The contractor must obtain the written approval from the Procurement Officer prior to making any alterations to the specifications contained in this ITB. The state will not pay for alterations that are not approved in advance and in writing by the Procurement Officer.

SEC. 2.29 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.

mailto:erik.norberg@alaska.gov

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SEC. 2.30 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.

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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 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;

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.

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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 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. 4.03 METHOD OF AWARD

Award will be made to the lowest responsive and responsible bidder. There is one lot. In order to be considered responsive, bidders must bid on all items within that lot.

SEC. 4.04 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.

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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. 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 Alaska Department of Revenue or Alaska Department of Fish and Game,

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

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

• Mining licenses issued by Alaska Department of Revenue.

Prior 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.

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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 CONTRACTOR SITE INSPECTION

The state may conduct on-site visits to evaluate the bidder's capacity to perform the contract. A bidder must agree, at risk of being found non-responsive and having its bid rejected, to provide the state reasonable access to relevant portions of its work sites. Individuals designated by the procurement officer at the state’s expense will make site inspection.

SEC. 5.08 ORDER DOCUMENTS

Except as specifically allowed under this ITB, an ordering agency will not sign any vendor contract. The state is not bound by a vendor contract signed by a person who is not specifically authorized to sign for the state under this ITB. Unless otherwise specified in this ITB, the State of Alaska Purchase Order, Contract Award and Delivery Order are the only order documents that may be used to place orders against the contract(s) resulting from this ITB.

SEC. 5.09 HUMAN TRAFFICKING

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

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

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

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

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SEC. 5.10 RIGHT OF REJECTION

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

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

Minor informalities that:

• do not affect responsiveness,

• are merely a matter of form or format,

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

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

• are trivial, negligible, or immaterial in nature,

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

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

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

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

SEC. 5.11 STATE NOT RESPONSIBLE FOR PREPARATION COSTS

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

SEC. 5.12 DISCLOSURE OF BID CONTENTS

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

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

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

See, e.g., article 1, section 1 of the Alaska Constitution; AS 45.50.910 – 45.50.945 (the Alaska Uniform Trade Secrets Act); DNR v. Arctic Slope Regional Corp., 834 P.2d 134, 137-39 (Alaska 1991). For OPPM or their designee to treat information a bidder submits with its bid as CBI, the bidder must do the following when submitting their bid: (1) mark the specific information it asserts is CBI; and (2) for each discrete set of such information, identify, in writing, each authority the bidder asserts make the information CBI. If the bidder does not do these things, the information will become public after the Notice of Intent to Award is issued. If the bidder does these things, OPPM or their designee will evaluate the bidder’s assertion upon receiving a request for the information. If OPPM or

{ITB-3/v1/10.16.24} Page 21 of 50 their designee reject the assertion, they will, to the extent permitted by federal and State of Alaska law, undertake reasonable measures to give the bidder an opportunity to object to the disclosure of the information.

SEC. 5.13 ASSIGNMENTS

Per 2 AAC 12.480, the contractor may not transfer or assign any portion of the contract without prior written approval from the procurement officer. Bids that are conditioned upon the state’s approval of an assignment will be rejected as non-responsive.

SEC. 5.14 FORCE MAJEURE (IMPOSSIBILITY TO PERFORM)

The parties to a contract resulting from this ITB are not liable for the consequences of any failure to perform, or default in performing, any of its obligations under the contract, if that failure or default is caused by any unforeseeable Force Majeure, beyond the control of, and without the fault or negligence of, the respective party.

For the purposes of this ITB, Force Majeure will mean war (whether declared or not); revolution; invasion;

insurrection; riot; civil commotion; sabotage; military or usurped power; lightning; explosion; fire; storm; drought;

flood; earthquake; epidemic; quarantine; strikes; acts or restraints of governmental authorities affecting the project or directly or indirectly prohibiting or restricting the furnishing or use of materials or labor required;

inability to secure materials, machinery, equipment or labor because of priority, allocation or other regulations of any governmental authorities.

SEC. 5.15 DEFAULT

In case of default by the contractor, for any reason whatsoever, the state may procure the goods or services from another source and hold the contractor responsible for any resulting excess cost and may seek other remedies under law or equity.

SEC. 5.16 DISPUTES

If the contractor has a claim arising in connection with the contract that it cannot resolve with the state by mutual agreement, it shall pursue the…