ITB 2527S097 Highway & Airport Maintenance Sand.pdf

STATE OF ALASKA – INVITATION TO BID ITB 2527H097

TITLE: Highway & Airport Maintenance Sand

STATE OF ALASKA

INVITATION TO BID (ITB)

TITLE: HIGHWAY & AIRPORT MAINTENANCE SAND

ITB #2527H097

DATE ITB ISSUED: AUGUST 18, 2026

This Invitation to Bid (ITB) is intended to result in a one-time purchase and delivery of Highway and Airport Maintenance Sand for use on statewide roadways and airport runways maintained by the Department of Transportation & Public Facilities.

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.

Chris Hunt 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) 465-8448

TDD: (907) 465-3124

Email: chris.hunt@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:chris.hunt@alaska.gov

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TABLE OF CONTENTS

SECTION 1. INTRODUCTION & INSTRUCTIONS

SEC. 1.01 PURPOSE OF THE ITB

SEC. 1.02 CONTRACT FUNDING

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 PRE-BID CONFERENCE

SEC. 1.13 ALTERNATE BIDS

SEC. 1.14 SUPPORTING INFORMATION

SEC. 1.15 FIRM, UNQUALIFIED, AND UNCONDITIONAL OFFER

SECTION 2. CONTRACT INFORMATION

SEC. 2.01 SCOPE OF WORK

SEC. 2.02 CONTRACT TERM

SEC. 2.03 CONTRACT TYPE

SEC. 2.04 PAYMENT FOR STATE PURCHASES

SEC. 2.05 ELECTRONIC PAYMENTS

SEC. 2.06 PROMPT PAYMENT FOR STATE PURCHASES

SEC. 2.07 CONTRACT ADMINISTRATION

SEC. 2.08 CONTRACT PERFORMANCE LOCATION

SEC. 2.09 PRODUCT AND PACKAGING SPECIFICATIONS

SEC. 2.10 SAMPLING AND TESTING

SEC. 2.11 PRODUCT REJECTION

SEC. 2.12 THIRD-PARTY FINANCING AGREEMENTS NOT ALLOWED

SEC. 2.13 SUBCONTRACTORS

SEC. 2.14 JOINT VENTURES

SEC. 2.15 RIGHT TO INSPECT PLACE OF BUSINESS

SEC. 2.16 F.O.B. POINT

SEC. 2.17 DELIVERY

SEC. 2.18 PROOF OF DELIVERY OR WEIGHT TICKETS

SEC. 2.19 DELIVERY TIME

SEC. 2.20 DELIVERY CONFIRMATION

SEC. 2.21 ADVANCED NOTICE OF DELIVERY

SEC. 2.22 INSPECTION & MODIFICATION - REIMBURSEMENT FOR UNACCEPTABLE DELIVERABLES

SEC. 2.23 LIQUIDATED DAMAGES FOR LATE DELIVERY

SEC. 2.24 SHIPPING DAMAGE

SEC. 2.25 CONTRACT CHANGES – UNANTICIPATED AMENDMENTS

SEC. 2.26 CONTINUING OBLIGATION OF CONTRACTOR

SEC. 2.27 BILLING INSTRUCTIONS - INVOICES

SEC. 2.28 WARRANTY

SEC. 2.29 ORDERS

SEC. 2.30 FIRM QUANTITIES

SEC. 2.31 PACKAGING

SEC. 2.32 PRICE DECREASE

SEC. 2.33 INDEMNIFICATION

SEC. 2.34 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

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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 WORKMANSHIP AND MATERIALS

SEC. 5.08 CONTRACTOR SITE INSPECTION

SEC. 5.09 ORDER DOCUMENTS

SEC. 5.10 HUMAN TRAFFICKING

SEC. 5.11 RIGHT OF REJECTION

SEC. 5.12 STATE NOT RESPONSIBLE FOR PREPARATION COSTS

SEC. 5.13 DISCLOSURE OF BID CONTENTS

SEC. 5.14 ASSIGNMENTS

SEC. 5.15 FORCE MAJEURE (IMPOSSIBILITY TO PERFORM)

SEC. 5.16 DEFAULT

SEC. 5.17 DISPUTES

SEC. 5.18 SEVERABILITY

SEC. 5.19 CONTRACT CANCELLATION

SEC. 5.20 GOVERNING LAW; FORUM SELECTION

SEC. 5.21 QUALIFIED BIDDERS

SEC. 5.22 FEDERALLY IMPOSED TARIFFS

SEC. 5.23 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 purchase and delivery of Highway and Airport Maintenance Sand for use on statewide roadways and airport runways maintained by the Department of Transportation & Public Facilities.

SEC. 1.02 CONTRACT FUNDING

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

SEC. 1.03 DEADLINE FOR RECEIPT OF BIDS

Bids must be received no later than 2:00 pm Alaska Time on August 28, 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. 1.04 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 at least ten days before the deadline for receipt of bids. This will allow time for an amendment to be issued if one is required. It will also help prevent the opening of a defective bid, upon which award cannot be made, and the resultant exposure of bidders' prices.

SEC. 1.06 QUESTIONS PRIOR TO DEADLINE FOR RECEIPT OF BIDS

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

SEC. 1.07 RETURN INSTRUCTIONS

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

Faxed or oral bids will not be accepted.

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The sealed bids package(s) must be addressed and mailed as follows:

Department of Transportation & Public Facilities Statewide Contracting and Procurement

Attention: Chris Hunt Invitation to Bid (ITB) Number: 2527H097

ITB Title: Highway & Airport Maintenance Sand

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: Chris Hunt

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.

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.

mailto:dotstatewideprocurement@alaska.gov

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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 August 18, 2026 Deadline for Receipt of Bids / Bid Due Date 2:00 PM AST August 28, 2026 Bid Evaluations Complete N/A August 31, 2026 Notice of Intent to Award N/A August 31, 2026 Contract Issued N/A September 11, 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 & 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 PRE-BID CONFERENCE

No pre-bid conference will be held for this solicitation.

SEC. 1.13 ALTERNATE BIDS

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

SEC. 1.14 SUPPORTING INFORMATION

Provided a bid meets the requirements for a definite, firm, unqualified, and unconditional offer, the state reserves the right to request supplemental information from the bidder, after the bids have been opened, to ensure that the products or services offered completely meet the ITB requirements. The requirement for such supplemental information will be at the reasonable discretion of the state and may include the requirement that a bidder will provide a sample product(s) so that the state can make a first-hand examination and determination.

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A bidder's failure to provide this supplemental information or the product sample(s), within the time set by the state, may cause the state to consider the offer non-responsive and reject the bid.

SEC. 1.15 FIRM, UNQUALIFIED, AND UNCONDITIONAL OFFER

To be responsive a bid must constitute a definite, firm, unqualified and unconditional offer to meet all the material terms of the ITB. Material terms are those that could affect the price, quantity, quality, or delivery. Also included as material terms are those which are clearly identified in the ITB, and which must be complied with at risk of bid rejection for non-responsiveness.

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SECTION 2. CONTRACT INFORMATION

SEC. 2.01 SCOPE OF WORK

The contractor(s) will source and deliver Highway & Airport maintenance Sand for use on statewide roadways and airport runways maintained by the Department of Transportation & Public Facilities.

SEC. 2.02 CONTRACT TERM

The length of the contract will be from the date of award, approximately September 11, 2026 through final delivery. All deliveries must have final delivery no later than November 15, 2026 for Kodiak District locations and October 15, 2026 for Southeast District locations. This contract contains no renewal options.

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 contract is 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 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).

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

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SEC. 2.06 PROMPT PAYMENT FOR STATE PURCHASES

The state is eligible to receive a 5% discount for all invoices paid within 15 business days from the date of receipt of the commodities or services and/or a correct invoice, whichever is later. The discount shall be taken on the full invoice amount. The state shall consider payment being made as either the date a printed warrant is issued or the date an electronic funds transfer (EFT) is initiated.

SEC. 2.07 CONTRACT ADMINISTRATION

The administration of this contract is the responsibility of the procurement officer or person appointed by the Department of Transportation & Public Facilities, Division of Program Management and Administration, Statewide Supply and Services Section.

SEC. 2.08 CONTRACT PERFORMANCE LOCATION

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

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

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

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

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

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

SEC. 2.09 PRODUCT AND PACKAGING SPECIFICATIONS

Specification 1:

Highway Maintenance Sand All material delivered under the contracts resulting from this ITB must comply with the following specifications for Highway Maintenance Sand:

1. General Highway maintenance sand shall contain no muck, frozen material, roots, sticks, or deleterious material and shall be suitable for winter sanding operations. It shall consist of natural sand or manufactured sand or combinations thereof, having hard, strong, durable particles. Material from different sources of supply shall be blended uniformly. It shall have a moisture content of not more than five percent (5%) at the time of weighing.

2. Highway Sand Gradation Requirements: Sand shall meet the following grading requirements:

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3. Quality Control.

a. The contractor is responsible for quality control and shall present evidence the material produced meets the grading and moisture content requirements prior to delivery. Quality control sampling and testing shall meet the frequency of one per 1,000 cubic yards for gradation (with a minimum of one sample), and three samples for moisture content.

b. Sampling and testing shall be performed by a WAQTC Qualified or NICT Level II qualified technician.

The contractor will notify the Department's Contract Project Manager, in writing, as to which WAQTC or NICT Level II qualified technical personnel are to be used to accomplish the specified testing requirements. The contractor shall provide such notification upon contract award.

c. The contractor will provide the gradation and moisture test results in writing to the Contract Project Manager. If the sand material meets the grading and moisture requirements as evidenced by the supplier’s quality control, Department acceptance testing can be waived.

4. Acceptance.

a. If the sand is out of specification on the 3/8” sieve the Department may reject the entire shipment.

b. If the sand is out of specification on either the #16 or #200 sieve, the total contract price will be reduced by two percent (2%) for every one percent (1%) the material is out of specification on each sieve.

5. Test Methods.

All sampling and testing practices shall be as provided in the Alaska Test Methods Manual current at time of contract advertising.

Specification 2:

Airport Maintenance Sand

All material delivered under the contracts resulting from this ITB must comply with the following specifications for Airport Maintenance Sand:

1. General Airport maintenance sand shall contain no muck, frozen material, roots, sticks, or deleterious material and shall be suitable for winter sanding operations. It shall consist of natural sand or manufactured sand or combinations thereof, having hard, strong, durable particles. Material from different sources of supply shall be blended uniformly. It shall have a moisture content of not more than five percent (5%) at the time of delivery.

2. Airport Sand Gradation Requirements: Sand shall meet the following grading requirements:

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3. Quality Control.

a. The contractor is responsible for quality control and shall present evidence the material produced meets the grading and moisture content requirements prior to delivery. Quality control sampling and testing shall meet the frequency of one per 1,000 cubic yards for gradation (with a minimum of one sample), and three samples for moisture content.

b. Sampling and testing shall be performed by a WAQTC Qualified or NICT Level II qualified technician. The contractor will notify the Department's Contract Project Manager, in writing, as to which WAQTC or NICT Level II qualified technical personnel are to be used to accomplish the specified testing requirements. The contractor shall provide such notification upon contract award.

c. The contractor will provide the gradation and moisture test results in writing to the Contract Project Manager. If the sand material meets the grading and moisture requirements as evidenced by the supplier’s quality control, Department acceptance testing can be waived.

4. Acceptance.

a. If the sand is out of specification on the 1/4” sieve the Department may reject the entire shipment.

b. If the sand is out of specification on either the #16 or #200 sieve, the total contract price will be reduced by two percent (2%) for every one percent (1%) the material is out of specification on each sieve.

c. For every one percent (1%) the moisture content of the sand is above the specification limit of five percent (5%), the total contract price will be reduced by two percent (2%). This contract price reduction will be separate and in addition to any contract price reduction resulting from the gradation being out of specification.

d. If quality control test results are not provided in full compliance with the terms of this contract, a five percent (5%) price reduction will be levied on the total contract price. The Department will sample the material upon delivery before contamination takes place and test for conformance to the grading and moisture content requirements. Acceptance sampling and testing will meet the frequency of one per 5,000 cubic yards.

5. Test Methods.

All sampling and testing practices shall be as provided in the Alaska Test Methods Manual current at time of contract advertising.

SEC. 2.10 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

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SEC. 2.11 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 cost adjustments 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. 2.12 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. 2.13 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 does not perform work within Alaska, they will not be required to hold an Alaska business license.

SEC. 2.14 JOINT VENTURES

Joint ventures will not be allowed.

SEC. 2.15 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. 2.16 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 cost of all shipping and delivery must be included in the bid price.

SEC. 2.17 DELIVERY

Bid price must include freight to the final destination. The State will not provide equipment and labor to off-load product at time of delivery. The contractor shall determine the type of vehicle used for all deliveries except those otherwise specified on the Bid Schedule.

Delivery of the “Firm Quantity” orders must be made within the timeframe specified in the "Bid Schedule” with no exceptions. The Bid Schedule identifies two dates for each location. These dates represent a “no sooner than” and “no later than” delivery requirements. Delivery MUST be made within this time period. 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. 2.18 PROOF OF DELIVERY OR WEIGHT TICKETS

For all bulk 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/.

For all bagged product deliveries, a Proof of Delivery (POD) must be presented to the receiving on-site DOT/PF representative at the time of delivery. Weight tickets and POD are required to identify the receiver’s signature and printed name. The contractor’s delivering agent is responsible to ensure the printed name is legible.

Shipments will be refused if POD or weight tickets are not presented at time of delivery.

SEC. 2.19 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).

SEC. 2.20 DELIVERY CONFIRMATION

Bidders must obtain 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 the 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. 2.21 ADVANCED NOTICE OF DELIVERY

The contractor must provide the State with 48 hours advance notice of each delivery. Failure to provide advance notice may delay the State’s ability to accept the shipment. The contact information for each destination may be found in Attachment A that will be attached to Delivery order and contract.

After normal business hours, most State maintenance yards are unattended, yet secured and therefore inaccessible. Therefore, deliveries will only be accepted at the final destination during normal State business hours; Monday through Friday, excluding State holidays, 8am to 4:30pm unless other prior arrangements are made with the State’s designated contact as instructed above. All stations must be available for deliveries with no penalty to the contractor during those designated normal business hours. All deliveries to be completed after normal business hours must be pre-approved by the State’s designated contact for that destination. However, prior approval to deliver outside normal business hours is not guaranteed due to lack of available personnel or other scheduling conflicts. Any additional costs (personnel and equipment) incurred by the State to accommodate deliveries made outside normal business hours will be solely at the contractor’s expense. Note:

Overtime wages and minimum call out requirements are subject to the State Office of Personnel and union bargaining agreements. Disclosure of the approximate amount of additional costs may be acquired upon request from the State’s designated contact at the time the arrangement is made. Upon the State’s request, the contractor shall submit in writing their acceptance of responsibility for any additional costs and their intended delivery schedule.

SEC. 2.22 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. 2.23 LIQUIDATED DAMAGES FOR LATE DELIVERY

The state will include liquidated damages in this contract to ensure its timely completion. Late delivery will cause the State to suffer damages. Actual damages will be difficult to assess; therefore, it is mutually agreed that:

a. contractor payment will be reduced at a rate of three percent per calendar week of the total amount of material not delivered by the November 15, 2026 for Kodiak District locations and October 15, 2026 for Southeast District locations deadlines. A maximum of 12% can be deducted from the contract price in the event of late delivery.

b. AIRPORT OR HIGHWAY MAINTENANCE SAND MUST MEET SPECIFICATIONS:

If the Airport Maintenance Sand or the Highway Maintenance Sand is in non-conformance with the ¼

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If the Airport Maintenance Sand or the Highway Maintenance Sand is out of specification on either the #16 or the #200 sieve, the total contract price will be reduced by two percent (2%) for every one percent (1%) the material is out of specification on each sieve.

For every one percent (1%) the moisture content of the sand is above the specification limit of five percent (5%), the total contact price will be reduced by two percent (2%). This contract price reduction will be separate and in addition to any contract price reduction resulting from the gradation being out of specification.

If quality control test results per specifications are not provided in full compliance with the terms of this contract, a five percent (5%) price reduction will be levied on the total contract price. The Department will sample the material upon delivery before contamination takes place and test for conformance to the grading and moisture content requirements. Acceptance sampling and testing will meet the frequency of one test per 5,000 cubic yards.

SEC. 2.24 SHIPPING DAMAGE

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

SEC. 2.25 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.

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

Contractor will provide to the Contract Project Manager invoices with tickets from certified scales for each load or other mutually agreed upon method to verify delivered quantities. Payment to the contractor will not be made until after receipt of all documents and verification that contracted quantities have been delivered and that the material meets all specifications.

Invoices must be submitted as follows:

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1. One invoice per “Marked For” location.

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

3. Weight ticket or POD, signed with name printed must accompany invoices –

• Delivery agents for the Contractor are responsible for ensuring that the printed name is legible on the weight ticket or POD.

• POD’s must clearly identify the date delivered and include item description and quantity delivered.

• Weight tickets must clearly identify the truck and driver, the gross weight, tare weight and net weight of each vehicle used to make a delivery, the date delivered, quantity, and “Marked For” destination.

Question concerning payment must be addressed to the ordering District. Invoices for partial deliveries will not be accepted. Partial payments will not be made. Invoices must be submitted to the appropriate regional office as follows:

A. Southeast District: By email to: alexander.guthrie@alaska.gov B. Kodiak/Aleutian District: By email to: sharon.clark@alaska.gov

SEC. 2.28 WARRANTY

This section does not apply to this ITB.

SEC. 2.29 ORDERS

At this time, funding prevents the State’s use of IRIS to issue individual Purchase Orders. Orders under this ITB will be placed by Delivery Order issued from the Statewide Contracting and Procurement Office. It is the State’s intent to issue the Delivery Order(s) by September 11, 2026.

SEC. 2.30 FIRM QUANTITIES

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

SEC. 2.31 PACKAGING

The cost of all packaging must be included in the price bid. All packaging must be new and suitable for shipment

SEC. 2.32 PRICE DECREASE

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

SEC. 2.33 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.

mailto:alexander.guthrie@alaska.gov mailto:sharon.clark@alaska.gov

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“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. 2.34 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. Bids deemed non-responsive will be eliminated from further consideration. An evaluation may not be based on discrimination due the race, religion, color, national origin, sex, age, marital status, pregnancy, parenthood, disability, or political affiliation of the bidder.

SEC. 4.02 APPLICATION OF PREFERENCES

Certain preferences apply to all state contracts, regardless of their dollar value. The Alaska Bidder and Alaska Veteran preferences are the most common preferences involved in the ITB process. Additional preferences that may apply to this procurement are listed below. Guides that contain excerpts from the relevant statutes and codes, explain when the preferences apply and provide examples of how to calculate the preferences are available at the following website:

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

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

• Alaska Products Preference - AS 36.30.332

• Recycled Products Preference - AS 36.30.337

• Local Agriculture and Fisheries Products Preference - AS 36.15.050

• Employment Program Preference - AS 36.30.321(b)

• Alaskans with Disabilities Preference - AS 36.30.321(d)

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

SEC. 4.03 ALASKA BIDDER PREFERENCE

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

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

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

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

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

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

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

Alaska Bidder Preference Certification Form To receive the Alaska Bidder Preference, the bid must include the Alaska Bidder Preference Certification Form attached to this ITB. A bidder does not need to complete the Alaska Veteran Preference 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…