March 9, 2026

Invitation to Bid

#26-13-214320

Alaska Railroad Corporation

327 W. Ship Creek Avenue Anchorage, AK 99501

ARRC SEWARD FREIGHT DOCK EXPANSION FENDER SYSTEM

Cover Sheet

Response Required: This page must be completed and returned to ensure receipt of future addenda or additional information. Please email this form to wallaces@akrr.com All addenda will be forwarded to the contact name and number listed below.

Firms that have not returned the cover sheet will not be informed of addendums and will only be alerted to addendums by checking with the ARRC procurement officer or by checking ARRC’s internet site: www.akrr.com, select Suppliers and then Solicitations. Bidders must acknowledge the receipt of all addendums issued in their proposal/bid submittal.

Company Name

Mailing Address

City, State, Zip

Contact Name

Phone Number

Email Address

The Alaska Railroad Corporation web site www.alaskarailroad.com mailto:wallaces@akrr.com http://www.akrr.com/ http://www.alaskarailroad.com/

ARRC SEWARD FREIGHT DOCK EXPANSION

FENDER SYSTEM

INVITATION TO BID

26-13-214320

MARCH 9, 2026

ALASKA RAILROAD CORPORATION

327 WEST SHIP CREEK AVENUE

ANCHORAGE, ALASKA 99501

ALASKA RAILROAD CORPORATION

327 W. Ship Creek Ave.

Anchorage, AK 99501 WallaceS@akrr.com

Phone: 907-265-2425

THIS IS NOT AN ORDER INVITATION NUMBER: 26-13-214320

DATE OF INVITATION: March 09, 2026

SEALED BIDS WILL BE RECEIVED AT:

Alaska Railroad Corporation 327 West Ship Creek, Anchorage, Alaska 99501 Attn: Sarah Wallace

UNTIL 3:00 P.M. LOCAL TIME ON Tuesday April 7, 2026, AT WHICH TIME BIDS WILL BE

PUBLICLY OPENED.

ARRC SEWARD FREIGHT DOCK EXPANSION FENDER SYSTEM

The Alaska Railroad Corporation (“ARRC”) is soliciting bids from interested parties to fabricate and deliver six (6) marine fender systems (fenders). These fenders are being purchased for installation on the Seward Freight Dock Extension scheduled to begin in late 2026. Bids must be submitted on the bid form contained herein and must be mailed or delivered to the above address.

Bids received via E-mail will be considered non-responsive. The bid shall be in a sealed envelope with the bid number 26-12-214319 clearly printed on the face of the envelope. Bids must be complete and in U.S. dollars. See instructions and conditions enclosed herein.

ARRC reserves the right to reject any and all bids, or any part thereof, negotiate changes in bids, accept any bids or any part thereof, waive minor informalities or defects in any bids, and not to award the proposed contract if it is in the best interest of the ARRC.

ARRC shall not be held responsible for bidder’s lack of understanding of what is required by this bid. Should a bidder not understand any aspect of this bid, or require further explanation, or clarification regarding the intent or requirements of this bid, it shall be the responsibility of the bidder to seek guidance from the ARRC.

ARRC may award a contract resulting from this solicitation to the responsive offer whose offer conforming to this solicitation will be the most advantageous to the ARRC. ARRC may reject any or all offers if such action is in the best interest of ARRC and waives informalities and minor irregularities in offers received. Any resulting contract from this solicitation shall incorporate the Standard Instructions and General Terms and Conditions incorporated in this solicitation.

mailto:WallaceS@akrr.com

This solicitation is not to be construed as a commitment of any kind, nor does it commit the ARRC to pay for any costs incurred in the submission of an offer or for any other cost incurred prior to the execution of a formal contract

BIDDER/VENDOR TERMS AND CONDITIONS: PROSPECTIVE BIDDERS ARE CAUTIONED

TO PAY PARTICULAR ATTENTION TO THIS CLAUSE. Bidder/contractor-imposed terms and conditions which conflict with this Invitation to Bid terms and conditions are considered counteroffers and, as such, will cause the Alaska Railroad Corporation to consider the bid non-responsive.

If a bidder attaches additional terms and conditions as part of the bid, such attachments must be accompanied by a disclaimer stating that in the event of conflict between the terms and conditions of this Invitation to Bid and the terms and conditions of the bidder/contractor, the terms and conditions of the Invitation to Bid will prevail.

ARRC shall not be held responsible for bidder’s lack of understanding of what is required by this bid. Should a Bidder not understand any aspect of this bid, or require further explanation, or clarification regarding the intent or requirements of this bid, it shall be the responsibility of the bidder to seek guidance from the ARRC.

Any resulting contract from this solicitation shall incorporate the Standard Instructions, and General Terms and Conditions incorporated in this solicitation, and Federal Terms and Conditions.

Work associated with this contract may be funded in part by funds from, MARAD the Federal Transit Administration (FTA) and the Alaska Railroad, Corp (ARRC) It is the sole responsibility of the Contractor to determine which designated provisions are applicable to this project.

REQUIRED CONTRACT PROVISIONS FOR FEDERAL-AID CONTRACTS MORE THAN

$100,000.00 can be found within this solicitation or by following this link:

https://www.alaskarailroad.com/sites/default/files/procurement/Federal- Aid_Contracts_Terms_Conditions_3-21-23_v3-revises_version_4-20-21.pdf

This solicitation is not to be construed as a commitment of any kind, nor does it commit ARRC to pay for any costs incurred in the submission of an offer or for any other incurred cost prior to the execution of a formal contract. ARRC may award a contract resulting from this solicitation to the low-responsive offeror whose offer conforming to this solicitation will be the most advantageous to the ARRC. ARRC reserves the right to reject any and all bids, or any part thereof, negotiate changes in bids, accept any bids or any part thereof, waive minor informalities or defects in any bids, and not to award the proposed contract if it is in the best interest of the ARRC.

ARRC Disadvantaged Business Enterprise (DBE) Program: ARRC is an equal opportunity corporation that encourages the participation of DBEs as prime contractors and subcontractors on its contracts funded in whole or in part by agencies within the U.S. Department of Transportation (USDOT), including the Federal Transit Administration (FTA), the Federal Railroad Administration (FRA), and the Federal Highway Administration (FHWA). ARRC has a race-neutral DBE Program and does not set DBE goals on individual solicitations. Nonetheless, ARRC aspires https://www.alaskarailroad.com/sites/default/files/procurement/Federal-Aid_Contracts_Terms_Conditions_3-21-23_v3-revises_version_4-20-21.pdf https://www.alaskarailroad.com/sites/default/files/procurement/Federal-Aid_Contracts_Terms_Conditions_3-21-23_v3-revises_version_4-20-21.pdf to achieve an overall DBE participation of 4.0% in federal fiscal years 2025-2027 on USDOT-funded contracts. If this contract is funded as a whole or in part by funds from the USDOT, it is imperative that you consult the Federal Terms and Conditions portion of this solicitation.

Green Star recognizes organizations that demonstrate an ongoing commitment to reducing waste, preventing pollution, and conserving energy. The railroad has repeatedly recertified the Green Star Award and earned an additional Green Star Air Quality Award in 2007. In 2011, Green Star Inc. presented the Alaska Railroad with its premier new "Super Nova Award" recognizing a higher level of leadership and commitment to doing business in an environmentally responsible manner. ARRC continues to pursue programs and initiatives that promote environmental stewardship.

Please direct all responses and/or questions concerning this solicitation directly to:

Sarah Wallace Contract Administration Specialist wallaces@akrr.com

907.265.2425 office

907.744.0031 mobile physical: 327 W. Ship Creek Ave, Anchorage, AK 99501 mailto:wallaces@akrr.com

SOLICITATION CONTENTS

SECTION A MINIMUM QUALIFICATIONS

SECTION B SPECIFICATIONS

SECTION C COST SCHEDULE

SECTION D SUPPLY BID FORM

SECTION E CONTRACTOR RESPONSIBILITY QUESTIONNAIRE

SECTION F GENERAL TERMS AND CONDITIONS

SECTION G FEDERAL TERMS AND CONDITIONS

ATTACHMENTS: PLAN SET /DRAWINGS

(ISSUED FOR FABRICATION 3/03/2026)

REQUIRED DOCUMENTS

REQUIRED FOR BID

Bids will not be considered if the following documents are not completely filled out and submitted at the time of bidding:

1. Cost Schedule

2. Alaska Railroad Supply Bid Form

3. Contractor Responsibility Questionnaire

4. Federal Certifications: Section G:

# 22. FTA Buy America Certificate

# 23. FRA Buy America Certificate

# 25. Certification Regarding Use of Contract Funds for

Lobbying

SECTION A

MINIMUM QUALIFICATIONS

The items to be purchased through this bid are critical to the operation of the ARRC any vendor who responds to this bid must meet the following minimum qualifications in order to be considered responsive:

1. Be the original manufacturer, be the distributor / dealer authorized by the manufacturer that routinely maintains an inventory of the requested product as part of its normal business and is authorized by the original manufacturer to serve this area (the State of Alaska). Be listed as a recognized supplier or manufacturer of marine fender systems in a nationally published marine‑industry directory, registry, or procurement resource, such as (but not limited to) marine construction, port infrastructure, or coastal engineering supplier listings; or Have a minimum of five

(5) years of documented experience in the fabrication of fender systems or comparable engineered marine protection products.

2. Be able to provide audited financial statements demonstrating the financial ability to meet the requirements of any order that may result from this solicitation.

The ARRC may conduct an inspection of the supplier’s facility to include its offices and inventory of the items being solicited prior to contract award. All bids submitted in response to this Invitation to Bid must be signed by an individual with the legal authority to submit the offer on behalf of the company. Bids received from manufacturers/suppliers that do not meet these qualifications will not be considered

SECTION B

SPECIFICATIONS FOR SEWARD FREIGHT DOCK EXPANSION

MARINE FENDER SYSTEMS

1) Scope of Work

The Alaska Railroad Corporation (ARRC) is soliciting offers from qualified firms to fabricate and deliver six (6) marine fender systems (“fenders”) for use on the Seward Freight Dock Extension project, scheduled for construction commencement in late 2026. The Work includes preparation and submission of all required submittals, including but not limited to detailed shop plans, material certifications, fabricator certifications, and all documentation necessary to demonstrate compliance with applicable requirements. Fabrication shall not utilize any product or service originating from a foreign country identified by the United States Trade Representative as denying fair and equitable market opportunities to U.S. suppliers. In accordance with the domestic preference requirements outlined in 2 CFR 200.322, the Contractor shall, to the greatest extent practicable and consistent with law, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States, including iron, aluminum, steel, cement, and other manufactured products. Offerors shall also provide a signed Buy America compliance certification. The selected Contractor shall perform complete fabrication of the six (6) fenders, furnish quality control reports for the finished units, and deliver the completed fenders to the Port of Seward.

The Work associated with fabrication and delivery of six (6) freight dock fenders shall be performed in accordance with the ALASKA RAILROAD FREIGHT DOCK EXPANSION FENDER SYSTEM drawing set identified below. All specifications, dimensions, materials, fabrication requirements, and installation details referenced in this solicitation are contained within this official drawing package.

Project Title: Alaska Railroad Freight Dock Expansion – Fender System Project No.: 201122 Issue Date: Issued for Fabrication March 03, 2026 Location: Port of Seward, Alaska

The Fender System Drawing Package consists of the following seven (7) sheets:

1. Sheet 1 – Cover Sheet

2. Sheet 2 – General Notes (1 of 2)

3. Sheet 3 – General Notes (2 of 2)

4. Sheet 4 – Freight Dock Plan

5. Sheet 5 – Fender Details (1 of 3)

6. Sheet 6 – Fender Details (2 of 3)

7. Sheet 7 – Fender Details (3 of 3)

Contractors shall reference the complete drawing package for all technical requirements. In the event of a conflict between the drawings and any narrative specification contained in this solicitation, the drawings shall govern unless otherwise directed by the Alaska Railroad Corporation (ARRC).

2) TECHNICAL SPECIFICATION

Marine Fender Assemblies (Fabricate and Deliver)

Note: This section covers fabrication and delivery only. Installation is by others unless explicitly added to the Contract.3) SUBMITTALS

Submittals as noted in the Fender System Drawing Package including the Buy America compliance certifications attesting that the fenders meet Buy America preference requirements.

4) PRODUCT DELIVERY

Fender Systems shall be delivered to the Port of Seward freight dock. Contractor shall provide for delivery of the fender systems in the Port of Seward. ARRC will assign a storage location in the Port prior to delivery.

Provide ARRC with a minimum of four (4) weeks’ notice prior to anticipated date of delivery.

5) PAYMENT SCHEDULE

• Approval of Submittals 10%

• Approval of Fabrication and Quality Reports 40%

• Acceptance of delivered Fenders 50%

SECTION C

COST SCHEDULE

All material must comply with the specifications spelled out in ITB 26-13-214320 ARRC Seward Freight Dock Fender System, Section B. All prices quoted must be F.O.B. Port of Seward, Alaska as specified in Section B and any other Plans and Specifications incorporated herein. A bidder’s failure to provide the information requested in this section will be cause for rejection of the bid on the basis of non-responsiveness.

Base Bid Items

Item No.

Item Description Unit Quantity Unit Bid Price

Item Total

1 Dock Fender System EA 6

Total Base Bid: $

Delivery date: Expected delivery date is before Thursday October 15, 2026. Material may be delivered earlier. Your bid should indicate the earliest firm delivery date after receipt of award.

ARRC fully expects the successful contractor to completely satisfy contract performance requirements in accordance with firm delivery date offered in this Cost Schedule. Please indicate the earliest possible delivery date after receipt of order: ____________ weeks ARO.

AWARD CRITERIA: An award will be made to the low, responsive, responsible bidder that meets the requirements as set forth in the specifications and compliance thereof. The Alaska Railroad Corporation reserves the right to determine that all offered materials will serve the application intended. Award will be made in the aggregate. The bid award is contingent on the availability of MARAD and Alaska Railroad Corporation funds.

NON-COLLUSION AFFIDAVIT: The Undersigned declares, under penalty of perjury under the laws of the United States, that neither he/she nor the firm, association, or corporation of which he/she is a member, has, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with this Bid.

BIDDERS NAME AND ADDRESS

COMPANY NAME SIGNATURE BY AND FOR THE BIDDER

COMPANY ADDRESS PRINTED NAME OF ABOVE BIDDER

COMPANY ADDRESS CONTINUE DATE OF BID

CONTACT PHONE NUMBER CONTACT E-MAIL ADDRESS

SECTION E

ALASKA RAILROAD CORPORATION SUPPLY BID FORM

NAME _________________________________________________

ADDRESS _________________________________________________

To the CONTRACTING OFFICER, ALASKA RAILROAD CORPORATION:

In compliance with your Invitation for Bids No.: ITB 26-13-214320 Seward Freight Dock Fender System, dated March 5, 2026, the Undersigned proposes to furnish and deliver all the supplies, materials or equipment and perform all the work required in said Invitation according to the specifications and requirements contained therein and for the amount and prices named herein as indicated on the Cost Schedule, which is made a part of this Bid.

The Undersigned hereby agrees to execute the said contract and bonds, if any, within Ten (10) Calendar Days, or such further time as may be allowed in writing by the Contracting Officer, after receiving notification of the acceptance of this Bid, and it is hereby mutually understood and agreed that in case the Undersigned does not, the accompanying bid guarantee, if any, shall be forfeited to the Alaska Railroad Corporation as liquidated damages, and said Contracting Officer may proceed to award the contract to others.

The Undersigned agrees to commence performance within Ten (10) Calendar Days after the effective date of the Notice to Proceed and to complete performance by _________________________, unless extended in writing by the Contracting Officer.

The Undersigned acknowledges receipt of the following addenda to the requirements and/or specifications for this Invitation for Bids (give number and date of each).

Addendum Number/Dated Addendum Number/Dated Addendum Number/Dated

NON-COLLUSION AFFIDAVIT

The Undersigned declares, under penalty of perjury under the laws of the United States, that neither he/she nor the firm, association, or corporation of which he/she is a member, has, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with this Bid. The Undersigned has read the foregoing proposal and hereby agrees to the conditions stated therein by affixing his/her signature below:

Name and Title of Person Signing Signature

Telephone Number Email Address

[End of form 395-0129]

SECTION F

CONTRACTORS RESPONSIBILITY QUESTIONNAIRE

Part I - Instructions

1. All Bidders/Proposers submitting a Bid/Proposal for federally funded contracts are to complete and submit all Parts of this Questionnaire with their Bid or Proposal. Failure to complete and return this questionnaire, any false statements, or failure to answer questions when required, may render the bid/proposal non-responsive. All responses must be typewritten or printed in ink. All information must be legible.

2. Please state "not applicable" in questions clearly not applicable to Bidder/Proposer in connection with this solicitation. Do not omit any questions.

3. The completed Questionnaire must be sworn to by a partner (if partnership), a duly authorized officer or individual (if a corporation or LLC), or a principal (if a sole proprietorship).

4. The term "Proposer" includes the term "Bidder" and also refers to the firm awarded the Contract.

The term "Proposal" includes the term "Bid".

5. ARRC reserves the right to inquire further with respect to Proposer's responses; and Proposer consents to such further inquiry and agrees to furnish all relevant documents and information as requested by ARRC.

Any response to this document prior or subsequent to Proposer's Proposal which is or may be construed as unfavorable to Proposer will not necessarily automatically result in a negative finding on the question of Proposer's responsibility or a decision to terminate the contract if it is awarded to Proposer.

Part II - Identity of Proposer

1. Proposer's Full Legal Name: ___________________________________________________

2. The Proposer represents that it operates as the following form of legal entity:

(Check whichever applies and fill in any appropriate blanks.)

☐ an individual or sole proprietorship ☐ a general partnership ☐ a limited partnership ☐ a joint venture consisting of: ________________________________________________ and ______________________________________________

(List all joint ventures on a separate sheet if this space is inadequate.)

☐ a non-profit organization ☐ a corporation organized or incorporated under the laws of the following state or country:

___________________________ on the following date: ____________________________

☐ a limited liability company organized under the laws of the following state or country:

___________________________ on the following date: ____________________________

1. Proposer's federal taxpayer identification number: ___________________________________

2. Proposer's Alaska business license number: ________________________________________

3. Proposer's contractor’s license number (for construction only): _________________________

4. Proposer's legal address: ______________________________________________________

Telephone Number: (____) ___________________ Fax Number: (____)__________________

5. Proposer's local or authorized point of contract address:

Name: ________________________________ Title: ________________________________

Address: ___________________________________________________________________

Telephone Number: (____) _______________ Fax Number: (____) _____________________

6. How long has the Proposer been in business? ______________________________________

7. Has Proposer been in business under another name? If so, identify name and dates used.

8. Does your firm consider itself to be an MBE, WBE or DBE?

YES ☐ NO ☐

If answer is "YES," attach a copy of certification.

9. Number of employees: _______________ including ____________ employees in the State of Alaska.

Part III - Contracting History

1. Has the Proposer been awarded any contracts within the last five years by ARRC, the State of Alaska, or any other public entity for the same or reasonably similar goods or services sought by this solicitation? If none, answer "No". If yes, on a separate sheet of paper describe those contracts beginning with the most recent. State the name of the contracting entity; give a brief description of the contract and the contract number, the dollar amount at award and at completion, date completed; state the contract period, the status of the contract, and the name, address, and telephone number of a contact person at the agency. Indicate if award was made to Proposer as prime contractor or joint venture. Proposer need not provide more than three such descriptions.

YES ☐ NO ☐

2. Has the Proposer been awarded any private sector contracts within the last five years for the same or reasonably similar goods or services sought by this solicitation? If none, answer "No." If yes, on a separate sheet of paper provide the name and address of the contracting entity, a brief description of work, the dollar amount at award and at completion, date completed, status of the contract and name, address and telephone number of contact person as to each, beginning with the most recent. Indicate if Proposer acted as prime contractor or joint venture. Proposers need not provide more than three such descriptions.

Note: Any “YES” answer to #3 below must be fully explained on a separate sheet of paper and attached to this questionnaire.

3. In the past five years has the Proposer been the subject of any of the following actions?

A. Been suspended, debarred, disqualified, or otherwise declared ineligible to bid?

B. Failed to complete a contract for a public or private entity?

C. Been denied a low-bid contract in spite of being the low bidder?

D. Had a contract terminated for any reason, including default?

E. Had liquidated damages assessed against it during or after completion of a contract?

F. Been a defaulter, as principal, surety or otherwise?

G. Been denied an award of a public contract based upon a finding by a public agency that your company was not a responsible contractor?

H. A public entity requested or required enforcement of any of its rights under a surety agreement on the basis of your company’s default or in lieu of declaring your company in default?

YES ☐ NO ☐

I. Been denied a performance or payment bond by a surety company?

J. Been required to pay back wages and/or penalties for failure to comply with state or federal prevailing wage or overtime laws?

YES ☐ NO ☐

4. Does Proposer currently possess the financial, organizational, technical, equipment, facilities, and other resources necessary to supply the goods or services sought by this solicitation? If no, on a separate sheet of paper describe how you intend to obtain the resources necessary to supply the goods or services sought by this solicitation.

YES ☐ NO ☐

5. Does Proposer have any present or anticipated commitments and/or contractual obligations that might impact its ability to meet the required delivery or performance requirements of this solicitation? If yes, on a separate sheet of paper describe any apparent conflicts as between the requirements/commitments for this solicitation with respect to the use of Proposer's resources, such as management, technical expertise, financing, facilities, equipment, etc.

Part IV - Civil Action

If “Yes” to Parts IV or V, provide details on a separate sheet of paper including a brief summary of cause(s) of action; indicate if Proposer, its principals, officers or partners were plaintiffs or defendants; define charges explicitly, by what authority, court or jurisdiction, etc. In the case of tax liens, please indicate whether the liens were resolved with the tax authorities. Please submit proof of payment or agreements to pay the liens. Complete details are required.

1. Violations of Civil Law. In the past five years has Proposer, any of its principals, officers or partners been the subject of an investigation of any alleged violation of a civil antitrust law, or other federal, state or local civil law?

YES ☐ NO ☐

2. Lawsuits with Public Agencies. At the present time is, or during the past five years has Proposer, any of its principals, officers or partners been a plaintiff or defendant in any lawsuit or arbitration regarding services or goods provided to a public agency?

YES ☐ NO ☐

3. Bankruptcy. During the past five years, has the Proposer filed for bankruptcy or reorganization under the bankruptcy laws?

YES ☐ NO ☐

4. Judgments, Liens and Claims. During the past five years, has the Proposer been the subject of a judgment, lien or claim of $25,000 or more by a subcontractor or supplier?

YES ☐ NO ☐

5. Tax Liens. During the past five years, has the Proposer been the subject of a tax lien by federal, state or any other tax authority?

Part V - Compliance with Laws and Other Regulations

1. Criminal: In the past five years has the Proposer, any of its principals, officers, or partners been convicted or currently charged with any of the following:

A. Fraud in connection with obtaining, attempting to obtain, or performing a public contract, agreement or transaction?

YES ☐ NO ☐

B. Federal or state antitrust statutes, including price fixing collusion and bid rigging?

YES ☐ NO ☐

C. Embezzlement, theft, forgery, bribery, making false statements, submitting false information, receiving stolen property, or making false claims to any public agency?

YES ☐ NO ☐

D. Misrepresenting minority or disadvantaged business entity status with regard to itself or one of its subcontractors?

E. Non-compliance with the prevailing wage requirements of the State of Alaska or similar laws of any other state?

YES ☐ NO ☐

F. Violation of any law, regulation or agreement relating to a conflict of interest with respect to a government funded procurement?

YES ☐ NO ☐

G. Falsification, concealment, withholding and/or destruction of records relating to a public agreement or transaction?

H. Violation of a statutory or regulatory provision or requirement applicable to a public or private agreement or transaction?

YES ☐ NO ☐

I. Do any principals, officers or partners in Proposer’s company have any felony charges pending against them that were filed either before, during, or after their employment with the Proposer?

YES ☐ NO ☐

2. Regulatory Compliance. In the past five years, has Proposer or any of its principals, officers or partners:

A. Been cited for a violation of any labor law or regulation, including, but not limited to, child labor violations, failure to pay correct wages, failure to pay into a trust account, failure to remit or pay withheld taxes to tax authorities or unemployment insurance tax delinquencies?

YES ☐ NO ☐

B. Been cited and assessed penalties for an OSHA or Alaska/OSHA “serious violation”?

YES ☐ NO ☐

C. Been cited for a violation of federal, state or local environmental laws or regulations?

YES ☐ NO ☐

D. Failed to comply with Alaska corporate registration, federal, state or local licensing requirements?

YES ☐ NO ☐

E. Had its corporate status, business entity’s license or any professional certification suspended, revoked, or had otherwise been prohibited from doing business in the State of Alaska?

Part VI – Financial

Copies of the following documents are to be submitted with this Questionnaire:

1. Proposer’s current Alaska Business License, if required by state law.

2. Proposer’s Financial Statements may be requested:

A. PUBLICLY TRADED COMPANIES: Financial information will be accessed online.

However, if additional information is needed, it will be specifically requested from the Proposer.

B. NON-PUBLICLY TRADED COMPANIES WITH AUDITED OR REVIEWED FINANCIAL

STATEMENTS: Statements, including balance sheet, statement of earnings and retained income, with footnotes, for the most recent three years may be requested.

NOTE: ARRC reserves the right to ask for additional documentation if it is reasonably required to make a determination of integrity and responsibility relevant to the goods or services the Proposer will provide to ARRC if awarded a contract. All financial information provided is considered confidential and not subject to public disclosure under Alaska law.

Part VII - Verification and Acknowledgment

The undersigned recognizes that the information submitted in the questionnaire herein is for the express purpose of inducing ARRC to award a contract, or to allow Proposer to participate in ARRC projects as contractor, subcontractor, vendor, supplier, or consultant. The undersigned has read and understands the instructions for completing this Questionnaire.

STATE OF _____________________________

COUNTY OF ___________________________

I, (printed name) ______________________________________, being first duly sworn, state that I am the (title) ___________________________________________ of Proposer. I certify that I have read and understood the questions contained in the attached Questionnaire, and that to the best of my knowledge and belief all information contained herein and submitted concurrently or in supplemental documents with this Questionnaire is complete, current, and true. I further acknowledge that any false, deceptive or fraudulent statements on the Questionnaire will result in denial or termination of a contract.

I authorize ARRC to contact any entity named herein, or any other internal or outside resource, for the purpose of verifying information provided in the Questionnaire or to develop other information deemed relevant by ARRC.

Signature of Certifying Individual Date

Subscribed and sworn to before me this ___________ day of ___________________, 20______

Signature of Notary

Notary Public in and for the State of __________________

My Commission Expires: ___________________________

NOTICE TO PROPOSERS:

A material false statement, omission or fraudulent inducement made in connection with this Questionnaire is sufficient cause for denial of a contract award or revocation of a prior contract award, thereby precluding the Proposer from doing business with, or performing work for ARRC, either as a vendor, prime contractor, subcontractor, consultant or subconsultant for a period of five years. In addition, such false submission may subject the person and/or entity making the false statement to criminal charges under applicable state and/or federal law.

[End of Bidder’s Questionnaire]

SECTION G

GENERAL TERMS AND CONDITIONS (Supply Contracts)

(Revised 4/17/08)

The following terms and conditions supersede the terms and conditions on the reverse side of ARRC’s purchase order to the extent that they are inconsistent therewith and shall be deemed to have the same force and effect as though expressly stated in any such purchase order into which this document is incorporated.

1. Definitions.

“ARRC” shall mean the Alaska Railroad Corporation.

“Vendor” shall mean the person or entity entering into the contract to provide the supplies specified therein for ARRC.

“Contract” shall mean these General Terms and Conditions, the contract form to which they are annexed, and all other terms, conditions, schedules, appendices or other documents attached to the contract form or incorporated by reference therein.

“Supplies” shall mean the equipment, goods, materials or other items to be provided by Vendor to ARRC under the contract.

2. Inspection and Reports. ARRC may inspect all of the Vendor's facilities and activities under this contract in accordance with the provisions of ARRC Procurement Rule 1600.9. The Vendor shall make progress and other reports in the manner and at the times ARRC reasonably requires.

3. Claims. Any claim by Vendor for additional compensation or equitable adjustment arising under this contract which is not disposed of by mutual agreement must be made by Vendor in accordance with the time limits and procedures specified in sections 1800.12 et seq. of ARRC's Procurement Rules, which by this reference are hereby incorporated herein.

4. Nondiscrimination.

4.1 The Vendor may not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical or mental handicap, sex, marital status, change in marital status, pregnancy or parenthood when the reasonable demands of the positions do not require distinction on the basis of age, physical handicap, sex, marital status, changes in marital status, pregnancy, or parenthood. To the extent required by law, the Vendor shall take affirmative action to insure that the applicants are considered for employment and that employees are treated during employment without unlawful regard to their race, color, religion, national origin, ancestry, physical or mental handicap, age, sex, marital status, changes in marital status, pregnancy or parenthood. This action must include, but need not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training including apprenticeship. The Vendor shall post in conspicuous places, available to employees and applicants for employment, notices setting out the provisions of this paragraph.

4.2 The Vendor shall cooperate fully with ARRC efforts which seek to deal with the problem of unlawful discrimination, and with all other ARRC efforts to guarantee fair employment practices under this contract, and promptly comply with all requests and directions from the State Commission for Human Rights or any of its officers or agents relating to prevention of discriminatory employment practices.

4.3 Full cooperation in Paragraph 4.2 includes, but is not limited to, being a witness in any proceeding involving questions of unlawful discrimination if that is requested by any official or agency of the State of Alaska; permitting employees of the Vendor to be witnesses or complainants in any proceeding involving questions of unlawful discrimination, if that is requested by any official or agency of the State of Alaska; participating in meetings; submitting periodic reports on the equal employment aspects of present and future employment; assisting inspection of the Vendor's facilities; and promptly complying with all State directives considered essential by any office or agency of the State of Alaska to insure compliance with all federal and state laws, regulations, and policies pertaining to the prevention of discriminatory employment practices.

4.4 Failure to perform under this section constitutes a material breach of the contract.

5. Cancellation/Termination.

5.1 ARRC may, for its sole convenience, cancel this contract in whole or in part, at any time by giving written notice of its intention to do so. In the event of such cancellation, Vendor shall be entitled to receive payment in accordance with the payment provisions of this contract for supplies delivered to ARRC and, as to work in progress prior to receipt of notice, ARRC shall pay Vendor only for direct expenditures on work specifically identified to this contract. Vendor shall not be paid for any work done after receipt of a notice of cancellation or for any costs incurred by Vendor's suppliers or subcontractors which Vendor could reasonably have avoided. However, in no event shall ARRC be liable for incidental, consequential, or punitive damages, overhead or other direct or indirect costs, or lost profits. Payments made under this contract shall not exceed the aggregate price specified in this contract.

5.2 In addition to ARRC’s right to cancel this contract for its convenience, ARRC may, by written notice of default to Vendor, terminate the contract in whole or in part in the following circumstances:

(1) The Vendor refuses or fails to perform its obligations under the contract, or fails to make progress so as to significantly endanger timely completion or performance of the contract in accordance with its terms, and Vendor does not cure such default within a period of ten (10) days after receipt of written notice of default from ARRC or within such additional cure period as ARRC may authorize; or

(2) Reasonable grounds for insecurity arise with respect to Vendor’s expected performance and Vendor fails to furnish adequate assurance of due performance (including assurance of performance in accordance with the time requirements of the contract) within ten

(10) days after receipt of a written request by ARRC for adequate assurance; or

(3) Vendor becomes insolvent or makes an assignment for the benefit of creditors or commits an act of bankruptcy or files or has filed against it a petition in bankruptcy or reorganization proceedings.

5.3 Upon receipt of a notice of cancellation or termination, Vendor shall immediately discontinue all work and it shall immediately cause any of its suppliers or subcontractors to cease such work unless the notice directs otherwise. In the event of termination for default, Vendor shall be liable for any damage to ARRC resulting from the Vendor's nonperformance. The rights and remedies of ARRC provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law.

6. No Assignment or Delegation. The Vendor may not assign, subcontract or delegate this contract, or any part of it, or any right to any of the money to be paid under it, except with the prior written consent of ARRC. No such approval shall relieve Vendor from any of its obligations or liabilities under this contract.

7. Independent Contractor. The Vendor’s relationship to ARRC in performing this contract is that of an independent contractor and nothing herein shall be construed as creating an employer/employee relationship, partnership, joint venture or other business group or concerted action.

8. Payment of Taxes. As a condition of performance of this contract, the Vendor shall pay all federal, state, and local taxes incurred by the Vendor and shall require their payment by any subcontractor or any other persons in the performance of this contract. Satisfactory performance of this paragraph is a condition precedent to payment by ARRC under this contract.

9. Governing Law. This contract, and all questions concerning the capacity of the parties, execution, validity (or invalidity) and performance of this contract, shall be interpreted, construed and enforced in all respects in accordance with the laws of the State of Alaska.

10. Alaska Executive Branch Ethics Act Requirements. No officer or employee of the State of Alaska or of the ARRC and no director of the ARRC or legislator of the state shall be admitted to any share or part of this contract or to any benefit that may arise therefrom. Vendor shall exercise reasonable care and diligence to prevent any actions or conditions which could be a violation of Alaska Statute 39.52 et seq. Vendor shall not make or receive any payments, gifts, favors, entertainment, trips, secret commissions, or hidden gratuities for the purpose of securing preferential treatment or action from or to any party. This obligation will apply to the activities of Vendor’s employees and agents in their relations with ARRC employees, their families, vendors, subcontractors, and third parties arising from this contract and in accomplishing work hereunder.

Certain gratuities may be given or accepted if:

(1) there is no violation of any law or generally accepted ethical standards;

(2) the gratuity is given as a courtesy for a courtesy received and does not result in any preferential treatment or action;

(3) the gratuity is of limited value (less than$150) and could not be construed as a bribe, payoff or deal; and

(4) public disclosure would not embarrass ARRC.

ARRC may cancel this contract without penalty or obligation in the event Vendor or its employees violate the provisions of this section.

11. Covenant Against Contingent Fees. Vendor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Vendor, to solicit or secure this contract, and that it has not paid or agreed to pay any person, company, individual, or firm any commission, gift, percentage, fee, contingent upon or resulting from the award or making of this contract. For the breach or violation of this warranty, ARRC may terminate this contract without liability and, at its discretion, deduct from the contract price or otherwise recover the full amount of the commission, percentage, gift, or fee.

12. Warranty. Vendor warrants that the equipment, goods, materials or other supplies sold to ARRC under this contract: (a) shall be of good quality and free from all defects and deficiencies in workmanship, material and design; (b) shall be fit, suitable and operate successfully for their intended purpose; (c) shall be new; (d) shall be free from all liens, claims, demands, encumbrances and other defects in title; and (e) shall conform to the specifications, if any, stated in the contract. Vendor shall honor all guarantees and warranties offered by the manufacturer of the equipment, goods, materials or other supplies provided under this contract.

The rights and remedies provided for in this section are in addition to any other remedies provided by law.

13. Indemnification. The Vendor shall indemnify, save harmless and defend ARRC, its officers, agents and employees from all liability of any nature or kind, including costs and expenses, for all actions or claims resulting from injuries or damages sustained by any person or property arising directly or indirectly as a result of any error, omission, product defect, negligent or wrongful acts of the Vendor, its subcontractors or anyone directly or indirectly employed by them in the performance of this contract, provided that Vendor’s aforesaid indemnity and hold harmless agreement shall not be applicable to any liability based upon the sole negligence of

ARRC.

14. ARRC’s Rights Not Waived by Payment. No payment made by ARRC shall be considered as acceptance of satisfactory performance of Vendor’s obligations under this contract. Nor shall any payment be construed as acceptance of substandard or defective work or as relieving Vendor from its full responsibility under the contract.

15. Nonwaiver. A party's failure or delay to insist upon strict performance of any of the provisions of this contract, to exercise any rights or remedies provided by this contract or by law, or to notify the other party of any breach of or default under this contract shall not release or relieve the breaching or defaulting party from any of its obligations or warranties under this contract and shall not be deemed a waiver of any right to insist upon strict performance of this contract or any of the rights or remedies as to any subject matter contained herein; nor shall any purported oral modification or rescission of this contract operate as a waiver of any of the provisions of this contract. The rights and remedies set forth in any provision of this Agreement are in addition to any other rights or remedies afforded the nonbreaching or non-defaulting party by any other provisions of this contract, or by law.

16. Savings Clause. If any one or more of the provisions contained in thee contract shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this contract, but this contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.

17. Headings. The headings of sections and paragraphs of this contract are for convenience of reference only and are not intended to restrict, affect, or be of any weight in the interpretation or construction of the provisions of such sections or paragraphs.

18. Forum Selection. The parties shall not commence or prosecute any suit, proceeding or claim to enforce the provisions of the contract, to recover damages for breach or default under the contract, or otherwise arising under or by reason of the contract, other than in the courts of the State of Alaska for the Third Judicial District at Anchorage. The parties hereby irrevocably consent to the jurisdiction of said courts.

19. Conflict of Interest. Vendor shall act to prevent any actions or conditions which could result in a conflict with ARRC's best interests. This obligation shall apply to the activities of Vendor's employees and agents in their relationships with ARRC's employees, their families, vendors, subcontractors and third parties accomplishing work under this contract.

20. Publicity. Vendor shall not release any information for publication or advertising purposes relative to this contract or to the material, equipment and other supplies furnished under this contract without the prior written consent of the ARRC.

21. Audit. ARRC has the right to audit at reasonable times the accounts and books of the Vendor in accordance with the provisions of ARRC Procurement Rule 1600.10.

22. Internal Controls and Record Keeping. Vendor shall keep full and accurate records and accounts of all of its activities in connection with this contract, including, without limitation, reasonable substantiation of all expenses incurred and all property acquired hereunder.

23. Force Majeure. Neither ARRC nor Vendor shall be responsible for failure to perform the terms of this contract when performance is prevented by force majeure, provided that: (1) notice and reasonably detailed particulars are given to the other party and (2) the cause of such failure or omission is remedied so far as possible with reasonable dispatch. The term “force majeure” shall mean acts of God, earthquakes, fire, flood, war, civil disturbances, governmentally imposed rules, regulations or other causes whatsoever, whether similar or dissimilar to the causes herein enumerated, which is not within the reasonable control of either party and which through the exercise of due diligence, a party is unable to foresee or overcome. In no event shall force majeure include normal or reasonably foreseeable or reasonably avoidable operational delays.

24. Set Off. If ARRC has any claim against the Vendor related or unrelated to this contract, it may set off the amount of such claim against any amount due or becoming due under this contract.

25. Observance of Rules. The Vendor’s personnel performing work hereunder on ARRC’s premises shall observe all fire prevention, security, and safety rules in force at the site of the work.

26. No Third-Party Beneficiary Rights. No provision of this contract shall in any way inure to the benefit of any third parties (including the public at large) so as to constitute any such person a third-party beneficiary of the contract or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto.

27. Entire Agreement. This contract represents the entire and integrated agreement between ARRC and the Vendor and supersedes all prior negotiations, representations, or agreements, either written or oral. This contract may be amended only by a written instrument signed by both ARRC and the Vendor.

28. Invalid Provision. The invalidity or unenforceability of any provision of this contract shall not affect the other provisions hereof, and this contract shall be construed in all respects as if such invalid or enforceable provisions were omitted.

29. Packing, Marking and Shipping. All supplies shall be properly packaged to prevent damage or deterioration and to obtain the lowest transportation rates. ARRC will pay no charge for preparation, crating, dunnage or other materials unless separately stated in this contract. Each packing slip, bill of lading, invoice, container, tag and correspondence shall bear the applicable contract number and the location to which the supplies are to be shipped. A waterproof Master Packing Slip shall accompany each shipment and shall be included in one of the packages marked "Packing Slip Inside" or in the case of a carload shipment, be conspicuously displayed on the inside of the freight car. The original Bill of Lading shall be mailed to the attention of ARRC Supply Management Department on date of shipment.

30. Improper Delivery. If for any reason the Contractor fails to make timely delivery, ARRC may, at its option, approve a revised delivery schedule, request shipment via air or expedited routing (at Contractor's expense) or terminate this contract without any liability.