ITB 2527H028 AS AMENDED per Amendment 1 20JUL26.pdf

STATE OF ALASKA

INVITATION TO BID (ITB)

ALASKA MARINE HIGHWAYS OILY WASTE TESTING REMOVAL AND

DISPOSAL

ITB 2527H028

ISSUED JULY 16, 2026

TESTING, REMOVAL AND DISPOSAL OF OILY WASTE FROM ALASKA MARINE HIGHWAY VESSELS

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 Transportation and Public Facilities

DIVISION OF Alaska Marine Highways COMPANY SUBMITTING BID

AUTHORIZED SIGNATURE

PROCUREMENT OFFICER:

DAN WORSHAM PRINTED NAME

PHONE: (907) 465-6949

EMAIL: dan.worsham@alaska.gov DATE

STATE OF ALASKA – INVITATION TO BID ITB 2527H028

ALASKA MARINE HIGHWAYS OILY WASTE DISPOSAL

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TABLE OF CONTENTS

SECTION 1. INTRODUCTION & INSTRUCTIONS

SEC. 1.01 PURPOSE OF THE ITB

SEC. 1.02 DEADLINE FOR RECEIPT OF BIDS

SEC. 1.03 PRIOR EXPERIENCE

SEC. 1.04 REQUIRED REVIEW

SEC. 1.05 QUESTIONS PRIOR TO DEADLINE FOR RECEIPT OF BIDS

SEC. 1.06 SITE INSPECTION

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

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 ELECTRONIC PAYMENTS

SEC. 2.05 CONTRACT ADMINISTRATION

SEC. 2.06 CONTRACT PRICE ADJUSTMENTS

SEC. 2.07 CONTRACT PERFORMANCE LOCATION

SEC. 2.08 THIRD-PARTY FINANCING AGREEMENTS NOT ALLOWED

SEC. 2.09 SUBCONTRACTORS

SEC. 2.10 JOINT VENTURES

SEC. 2.11 RIGHT TO INSPECT PLACE OF BUSINESS

SEC. 2.12 INSPECTION & MODIFICATION - REIMBURSEMENT FOR UNACCEPTABLE DELIVERABLES

SEC. 2.13 EQUIPMENT INSPECTION

SEC. 2.14 CONTRACT CHANGES – UNANTICIPATED AMENDMENTS

SEC. 2.15 CONTINUING OBLIGATION OF CONTRACTOR

SEC. 2.16 BILLING INSTRUCTIONS

SEC. 2.17 ESTIMATED QUANTITIES

SEC. 2.18 INDEMNIFICATION

SEC. 2.19 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 USE OF LOCAL FOREST PRODUCTS

SEC. 4.07 LOCAL AGRICULTURAL AND FISHERIES PRODUCT PREFERENCE

SEC. 4.08 ALASKA PRODUCT PREFERENCE

SEC. 4.09 EMPLOYMENT PROGRAM PREFERENCE

SEC. 4.10 ALASKANS WITH DISABILITIES PREFERENCE

SEC. 4.11 PREFERENCE QUALIFICATION LETTER

SEC. 4.12 EXTENSION OF PRICES

SEC. 4.13 METHOD OF AWARD

SEC. 4.14 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 CONTRACTOR SITE INSPECTION

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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

The Department of Transportation and Public Facilities, Division of Marine Highways, is soliciting bids from qualified contractors to collect, test and dispose of used oil and oily waste from Alaska Marine Highways terminals and vessels at the Ports of Juneau, Ketchikan, Whittier and Homer, Alaska. Bidders may bid on one or multiple Lots.

Quantities stated are estimates for evaluation purposes only. This solicitation is intended to result in As- Needed contracts, and no minimum or maximum usage of the resulting contracts will be guaranteed.

SEC. 1.02 DEADLINE FOR RECEIPT OF BIDS

Bids must be received no later than 2:00 pm Alaska Standard Time on 03 August, 2026, 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. 1.03 PRIOR EXPERIENCE

Bidders will provide evidence that personnel proposed to perform work under the resulting contract have sufficient training and licensing necessary to perform the tasks required under the scope of work. The contractor personnel will meet all State and Federal training, certification and licensure requirements for the services they will perform.

A bidder's failure to provide evidence that personnel performing these services meet the minimum prior experience and licensure requirements may cause their bid to be found non-responsive and rejected.

SEC. 1.04 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. 1.05 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. 1.06 SITE INSPECTION

Site inspections are optional and intended for the bidders to be familiarized with terminal access, vessel interface locations and general working conditions. Bidders wishing to addend a site inspection will contact Frank Wyne 907-228-6829/ frank.wyne@alaska.gov to arrange for a site inspection.

The site inspection contact is only authorized to coordinate access to the terminal or vessel areas, and will not answer any questions regarding the solicitation, specifications, scope of work or contract requirements. Any questions regarding the solicitation will be directed to the Procurement Officer in accordance with Section 1.05.

SEC. 1.07 RETURN INSTRUCTIONS

Bidders must submit one hard copy of their entire bid, in writing, to the procurement officer in a sealed package, or may be submitted electronically via email.

Sealed bid packages must be addressed as follows:

If using US Mail, use the following address:

Department of Transportation and Public Facilities

Division of Program Management and Administration Attention: Dan Worsham

Invitation to Bid (ITB) Number: 2527H028 ITB Title: Removal and Disposal of Oily Waste from Marine Highway Vessels

PO Box 112500 Juneau, Alaska 99811-2500

If using a delivery service, use the following address:

Department of Transportation and Public Facilities

Division of Program Management and Administration Attention: Dan Worsham

Invitation to Bid (ITB) Number: 2527H028 ITB Title: Removal and Disposal of Oily Waste from Marine Highway Vessels

3132 Channel Drive, Room 350 Juneau, Alaska 99811-2500

If submitting your bid via email, the entire bid may be emailed to dotstatewideprocurement@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 907-465-6949 to confirm that the entire bid has been received. The state is not responsible for unreadable, corrupt, or missing attachments.

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.

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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 16 July, 2026 Deadline for Receipt of Bids / Bid Due Date 2:00 PM AST 03 August, 2026 Bid Evaluations Complete 05 August, 2026 Notice of Intent to Award 07 August, 2026 Contract Issued 18 August, 2026

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 and Public Facilities, 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.

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SECTION 2. SCOPE OF WORK AND CONTRACT INFORMATION

SEC. 2.01 SCOPE OF WORK

This solicitation is intended to result in As-Needed contracts for the testing, removal and disposal of used oil and oily waste (hereafter oily waste) from Alaska Marine Highway System (hereafter AMHS) vessels and holding tanks at AMHS terminals. The terminals where these services will be performed are located in Juneau, Ketchikan, Whittier and Homer, Alaska. Services will be provided at the request and direction of the State.

Award will be made by lot. Bidders may bid on one or multiple lots, and award will be made to the lowest responsive and responsible bidder for each lot. To be responsive, Bidders must bid on all items within a lot to be considered susceptible to award. Contractors may be awarded for multiple lots.

Services will be requested and scheduled by the State. Contractors will perform these services onsite within 24 hours of the State’s request for these services, or at a predetermined time and date.

There will be two components to each lot, Standby Time, and Testing, Removal, Transport and Disposal of oily waste.

STANDBY TIME

Contractors will be required to arrive at a terminal to meet a vessel at a scheduled time and date. If the Contractor is required to wait for the vessel’s arrival, they will be compensated for this time. Standby time will be based on an hourly rate. Standby time will begin when the Contractor checks in with the AMHS terminal contact at the scheduled time and date and will stop upon the Contractor personnel accessing the vessel to perform the testing and removal of oily waste.

In the event oily waste is stored in holding tanks shoreside, standby time will not apply.

TESTING, REMOVAL, TRANSPORT AND DISPOSAL

The testing, removal, transport and disposal of oily waste will be based on a per gallon rate, and the Contractor will be compensated per gallon.

TESTING REQUIREMENTS

All testing will be performed at the Contractor’s expense and all costs will be taken into consideration in the Contractor’s bid.

The Contractor will perform onsite testing for the presence of chlorides in oily waste prior to transfer.

The Contractor will collect representative samples of oily waste from AMHS vessels or holding tanks and submit them to an authorized testing laboratory for analysis. Samples will be tested for benzene, PCBs1 TCLP (for metals), ph, sulfide, H02 , flash point (min 139) and halogens. A final hazardous determination will occur after the analysis is completed and the samples prove to be within allowable parameters per federal regulations.

Oily waste will be held by the Contractor prior to receiving lab results and the final disposition is determined.

Records will be kept by the Contractor documenting tank numbers and the dates the containers were emptied.

These records will be available to the State for inspection upon demand.

The State will keep samples for a period of no less than 3 months in the event re-testing is required. The Contractor will not mix any oily waste that originated from the State until testing has been completed, and the lab results

{ITB-3/v1/10.16.24} Page 9 of 41 show the product to meet allowable parameters. In the event the oily waste is mixed with waste from any other source by the Contractor, the waste will no longer be the responsibility of the State.

Oily waste will be held at the Contractor’s expense until testing for hazardous contaminants is completed and the waste is shown to meet allowable parameters. Upon a non-hazardous determination, the Contractor will dispose of the oily waste.

HAZARDOUS CONTAMINATION

If tests result show samples to contain hazardous contaminants beyond allowable levels, the Contractor will notify the State immediately upon discovery. The State will then make arrangements for disposal of the hazardous waste.

All costs of the disposal of contaminated waste will be the responsibility of the State.

SCHEDULING

The State will schedule a pick-up when there is a minimum of 500 gallons of oily waste available for removal unless there is an operational necessity that requires the removal of less oily waste. The Contractor is required to pick up all oily waste tested to be free of chlorides.

Ownership of oily waste will pass to Contractor upon pick up and the Contractor assumes all responsibility for the oily waste after transfer. Any transportation, storage, handling, spill response and regulatory compliance will become the responsibility of the Contractor.

The State reserves the right to delay, reschedule or cancel transfers due to vessel operations, weather, mechanical delays, schedule changes or emergency conditions.

MECHANICAL REQUIREMENTS

Equipment used for the transfer of oily waste must be capable of removing oily waste from either storage tanks on shore, storage tanks aboard vessels, or directly from the bilges of AMHS vessels. Equipment will be capable of transferring oily waste at a minimum of 30 gallons per minute. The Contractor will provide all hoses, fittings and connections to interface with AMHS vessel and terminal systems.

The Contractor will provide equipment capable of transferring oily waste from the bilge level of an AMHS vessel to the car deck (approximately 25 feet) at 45° F. The Contractor will provide a minimum of 50 feet of suction hose to perform this task.

Equipment will be capable of operating safely in freezing temperatures and adverse weather conditions.

CONTRACTOR REQUIREMENTS

The Contractor will provide all labor, materials, supplies, tools, and equipment to satisfactorily perform the services included in this solicitation.

The Contractor and Contractor personnel performing services under the resulting contract will be fully qualified and meet or exceed any applicable requirements. The Contractor and Contractor personnel will possess all required licenses and certifications, and meet all qualifications to perform the services within this scope of work.

The Contractor will comply with any applicable Federal, State and local labor, wage & hour, safety and any associated laws and regulations which may have a bearing on the services provided.

Contractors will comply with 4O CFR Part 279 regulating the management of used oil. Upon demand by the State, the Contractor will provide any licenses or certifications applicable to these regulations.

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Contractors will possess the following and submit evidence with their bid:

1. Current EPA Number

2. Current Hazardous Materials Certificate of Registration

3. Current Emergency Response Certificate

INSPECTION

Inspection of all equipment will be made available at the request of the State at any time. The Contractor will allow Inspection of equipment and operations during the transfer of oily waste from AMHS vessels or storage tanks. All equipment used in the performance of these services will meet all regulatory requirements for inspection, safety, fire, and transportation of oily waste. Contractor storage facilities will meet all regulatory requirements for storage and transfer of oily waste. All required permits, licenses and inspections will be maintained throughout the life of the resulting contract and must be provided to the State upon demand.

LOTS

LOT 1 – JUNEAU/AUKE BAY MARINE HIGHWAY TERMINAL

13458 Glacier HWY.

Juneau, Alaska 99801

The contractor will remove oily waste directly from AMHS vessels, or from holding tanks at the Juneau/Auke Bay AMHS Terminal. The estimated amount of oily waste to be tested, removed and disposed of will be 10,000 gallons per one year term.

OILY WASTE REMOVAL

The State will schedule a time and date for the Contractor to arrive at the AMHS Terminal to remove oily waste.

The Contractor will test and remove the oily waste within 24 hours of request, or at a scheduled time and date.

STANDBY TIME

Contractors will be required to arrive at a terminal to meet a vessel at a scheduled time and date. If the Contractor is required to wait for the vessel’s arrival, they will be compensated for this time.

Standby time will be based on an hourly rate. Standby time will begin when the Contractor checks in with the AMHS contact at the scheduled time and date and will stop upon the Contractor accessing the vessel to perform the removal of oily waste.

In the event oily waste is stored in holding tanks shoreside, standby time will not apply.

LOT 2 – KETCHIKAN MARINE HIGHWAY TERMINAL

3501 Tongass Avenue Ketchikan, Alaska 99901

The contractor will remove oily waste directly from AMHS vessels, or from holding tanks at the Ketchikan AMHS Terminal. The estimated amount of oily waste to be tested, removed and disposed of will be 14,000 gallons per one year term.

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OILY WASTE REMOVAL

The State will schedule a time and date for the Contractor to arrive at the AMHS Terminal to remove oily waste.

The Contractor will test and remove the oily waste within 24 hours of request, or at a scheduled time and date.

STANDBY TIME

Contractors will be required to arrive at a terminal to meet a vessel at a scheduled time and date. If the Contractor is required to wait for the vessel’s arrival, they will be compensated for this time.

Standby time will be based on an hourly rate. Standby time will begin when the Contractor checks in with the AMHS contact at the scheduled time and date and will stop upon the Contractor accessing the vessel to perform the removal of oily waste.

In the event oily waste is stored in holding tanks shoreside, standby time will not apply.

LOT 3 – HOMER MARINE HIGHWAY TERMINAL

4690 Homer Spit Road Homer, Alaska 99603

The contractor will remove oily waste directly from AMHS vessels, or from holding tanks at the Homer AMHS Terminal. The estimated amount of oily waste to be tested, removed and disposed of will be 5,000 gallons per one year term.

OILY WASTE REMOVAL

The State will schedule a time and date for the Contractor to arrive at the AMHS Terminal to remove oily waste.

The Contractor will test and remove the oily waste within 24 hours of request, or at a scheduled time and date.

STANDBY TIME

Contractors will be required to arrive at a terminal to meet a vessel at a scheduled time and date. If the Contractor is required to wait for the vessel’s arrival, they will be compensated for this time.

Standby time will be based on an hourly rate. Standby time will begin when the Contractor checks in with the AMHS contact at the scheduled time and date and will stop upon the Contractor accessing the vessel to perform the removal of oily waste.

In the event oily waste is stored in holding tanks shoreside, standby time will not apply.

LOT 4 – WHTTIER MARINE HIGHWAY TERMINAL

¼ West Camp Road Whittier, Alaska 99693

The contractor will remove oily waste directly from AMHS vessels, or from holding tanks at the Whittier AMHS Terminal. The estimated amount of oily waste to be tested, removed and disposed of will be 5,000 gallons per one year term.

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OILY WASTE REMOVAL

The State will schedule a time and date for the Contractor to arrive at the AMHS Terminal to remove oily waste.

The Contractor will test and remove the oily waste within 24 hours of request, or at a scheduled time and date.

STANDBY TIME

Contractors will be required to arrive at a terminal to meet a vessel at a scheduled time and date. If the Contractor is required to wait for the vessel’s arrival, they will be compensated for this time.

Standby time will be based on an hourly rate. Standby time will begin when the Contractor checks in with the AMHS contact at the scheduled time and date and will stop upon the Contractor accessing the vessel to perform the removal of oily waste.

In the event oily waste is stored in holding tanks shoreside, standby time will not apply.

END OF SCOPE AND SPECIFICATIONS

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SEC. 2.02 CONTRACT TERM

The initial term of the resulting contract will begin at date of award, approximately August 18 2026, through July 31, 2027, with the option to renew for four (4) additional one (1) year terms under the same terms and conditions as the original contract. Renewals will be exercised at the sole discretion of the state.

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 Firm Fixed Price contracts to be used on an As Needed basis.

SEC. 2.04 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. 2.05 CONTRACT ADMINISTRATION

The administration of this contract is the responsibility of the procurement officer, Dan Worsham dan.worsham@alaska.gov , or person appointed by the Department of Transportation and Public Facilities, Division of Program Management and Administration.

SEC. 2.06 CONTRACT PRICE ADJUSTMENTS

A contract resulting from this ITB will include the following price adjustment clause:

Consumer Price Index (CPI): Contract prices will remain firm through July 31, 2027.

The Contractor must submit a request to the State at least thirty (30) days prior to the end of the current term.

All Requests must be in writing and must be received 30 days prior to the Contract renewal date. Contractors cannot request price adjustments more than once per contract term.

a. If the Contractor fails to request a CPI price adjustment within 30 days prior to the Contract renewal date, the adjustment will be effective 30 days after the State receives the written request.

b. Price adjustments will be made in accordance with the percentage change in the U.S. Department of Labor, Bureau of Labor and Statistics, Consumer Price Index (CPI-U) for All Urban Consumers, All Items, Urban Alaska.

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c. The price adjustment rate will be determined by comparing the percentage difference between the CPI in effect for the base year of 2025 Annual Average (271.826) and each HALF 1 thereafter. The percentage difference between those two CPI issues will be the price adjustment rate. No retroactive contract price adjustments will be allowed. All price adjustments must be approved by the Procurement Officer and Project Manager prior to the implementation of the adjusted pricing.

Approval shall be in the form of a Contract Amendment issued by the Procurement Officer.

d. Approval for all price increases is dependent upon full compliance with the terms of the Contract including reporting requirements.

SEC. 2.07 CONTRACT PERFORMANCE LOCATION

The locations the work is to be performed, completed, and managed are Juneau, Ketchikan, Homer and Whittier, Alaska.

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

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

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

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

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

SEC. 2.08 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. 2.09 SUBCONTRACTORS

Subcontractors will not be allowed.

SEC. 2.10 JOINT VENTURES

Joint ventures will not be allowed.

SEC. 2.11 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. 2.12 INSPECTION & MODIFICATION - REIMBURSEMENT FOR UNACCEPTABLE

DELIVERABLES

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

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

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

SEC. 2.13 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. 2.14 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. 2.15 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. 2.16 BILLING INSTRUCTIONS

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

1. Contract Number

2. Vessel name and port where services occurred

3. Date and time of service

Invoices will be sent to:

State of Alaska Department of Transportation and Public Facilities Attn: Accounts Payable 7037 North Tongass Highway Ketchikan, AK 99901

Invoices may also be sent electronically to dot.amhs.kco.accting@alaska.gov

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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. 2.17 ESTIMATED QUANTITIES

The quantities referenced in this ITB are estimated requirements and may vary more or less from the quantities actually purchased. The State does not guarantee any minimum or maximum purchase. Orders will be issued throughout the contract period on an as-needed basis.

SEC. 2.18 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. 2.19 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:

A. the laws of the State of Alaska;

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

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

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

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

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

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

If any bidder fails to comply with [a] through [g] of this paragraph, the state reserves the right to disregard the bid, terminate the contract, or consider the contractor in default.

CONFLICT OF INTEREST

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

SEC. 3.02 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 and responsibility. Bids deemed non-responsive or non-responsible 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;

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

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

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

SEC. 4.04 ALASKA VETERAN PREFERENCE

An Alaska Veteran Preference of 5%, not to exceed $5,000, will be applied to the total bid price. The preference will be given to a bidder who qualifies under AS 36.30.990(2) as an Alaska Bidder and is a:

a) sole proprietorship owned by an Alaska veteran;

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

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

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

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

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

SEC. 4.05 ALASKA MILITARY SKILLS PROGRAM PREFERENCE

An Alaska Military Skills Program Preference of 2%, not to exceed $5,000, will be applied to the price in the proposal. The preference will be given to an offeror who qualifies under AS 36.30.990(2) as an Alaska bidder and:

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

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

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

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

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

SEC. 4.06 USE OF LOCAL FOREST PRODUCTS

In a project financed by state money in which the use of timber, lumber and manufactured lumber is required, only timber, lumber and manufactured lumber products originating in this state from Alaska forests shall be used unless the use of those products has been determined to be impractical, in accordance with AS 36.15.010 and AS 36.30.322.

SEC. 4.07 LOCAL AGRICULTURAL AND FISHERIES PRODUCT PREFERENCE

When agricultural, dairy, timber, lumber, or fisheries products are purchased using state money, a seven percent (7%) preference shall be applied to the price of the products harvested in Alaska, or in the case of fisheries products, the products harvested or processed within the jurisdiction of Alaska, in accordance with AS 36.15.050.

SEC. 4.08 ALASKA PRODUCT PREFERENCE

A bidder that designates the use of an Alaska Product which meets the requirements of the ITB specifications and is designated as a Class I, Class II, or Class III Alaska Product by the Department of Community & Economic Development (DCCED) may receive a preference in the bid evaluation in accordance with AS 36.30.332 and 3 AAC 92.010.

To qualify for the preference, the product must have received certification from DCCED, be listed in the current published edition of the Alaska Products Preference List, and the bidder must provide the qualified product on a 100% basis. There are no provisions under Alaska Statutes or Regulations that allow for a product exchanges/substitutions or permit the product to be co-mingled with other products. Rather, AS 36.30.330 provides for a penalty for failing to use the designated Alaska products.

Products are classified in one of three categories:

Class I products receive a 3% preference.

Class II products receive a 5% preference.

Class III products receive a 7% preference.

When the bids are evaluated, the preference percentage will be deducted from the product price. If a bidder fails to specify the brand being offered, no preference will be given. For more information on the Alaska Product Preference and to see the list of products currently on the Alaska Product Preference List, use the following web link:

https://www.commerce.alaska.gov/web/dcra/AlaskaProductPreferenceProgram.aspx

Brand Offered If offering a product that qualifies for the Alaska Product Preference, the bidder must indicate the brand of product they intent to provide. If a bidder is not offering a product that qualifies for the Alaska Product Preference, the bidder does not need to indicate a product brand.

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Brand of Product Changes During the course of the contract including all renewal options, a contractor that offered a product that qualified for the Alaska Product Preference wishes to change the product brand, the contractor must first provide a written request, along with evidence that the replacement brand also qualifies for the Alaska Product Preference, for approval by the procurement officer. A contract amendment must be issued by the procurement officer to authorize the change.

If a bidder offers a product brand in the original bid that does not qualify for the Alaska Product Preference, a change in the product brand may be made at any time during the course of the contract, including all renewals, as long as the product band continues to meet the required specifications.