1 Equipment Rental BPO

October 7, 2026

Alaska Railroad Corporation 327 W. Ship Creek Avenue, Anchorage, AK 99501

P.O. Box 107500, Anchorage, AK 99510-7500 Tel: 907-265-2481 leen@akrr.com

INVITATION TO BID 26-39-215093

Equipment Rental Blanket Purchase Order (BPO) Contract

Response Requested: This form must be completed and returned to insure receipt of future addenda or additional information. Please immediately email this page to: leen@akrr.com

Firms that have not returned this 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 Solicitations webpage located at: https://www.alaskarailroad.com/corporate/procurement/solicitations. You can manually find this webpage by hovering over CORPORATE on the ARRC’s home page, then PROCUREMENT, then selecting SOLICITATIONS on the drop down menu. Bidders must acknowledge the receipt of all issued addendums in their proposal/bid submittal.

All addenda will be forwarded to the contact name and number listed below.

Company Name: ____________________________________________________

Mailing Address: ____________________________________________________

City, State, Zip: ____________________________________________________

Contact Name: ____________________________________________________

Phone Number: ____________________________________________________

Email Address: ____________________________________________________

The Alaska Railroad Corporation web site: www.alaskarailroad.com mailto:leen@akrr.com mailto:leen@akrr.com https://www.alaskarailroad.com/corporate/procurement/solicitations http://www.alaskarailroad.com/

Equipment Rental BPO

Alaska Railroad Corporation 327 W. Ship Creek Avenue, Anchorage, AK 99501

P.O. Box 107500, Anchorage, AK 99510-7500 Tel: 907-265-2481 leen@akrr.com

INVITATION TO BID (ITB) NUMBER: 26-39-215093

Equipment Rental Blanket Purchase Order (BPO)

THIS IS NOT AN ORDER DATE ITB ISSUED: October 7, 2026

SEND MAILED BIDS TO: Alaska Railroad Corporation Supply Management Attn: Nancy Lee 327 West Ship Creek Ave.

Anchorage, AK 99501

UNTIL 3:00 PM LOCAL TIME, OCTOBER 28, 2026, THE MAILED BID SHALL CONTAIN THE

FOLLOWING INFORMATION ON THE SEALED ENVELOPE WHEN SUBMITTED:

1: Offeror’s Name 2: Date and Time for receipt of offer 3: ITB Solicitation number

Only send required documentation, not the entire ITB solicitation

The Alaska Railroad Corporation (“ARRC”) is soliciting bids from interested parties to supply, as-needed, various pieces of equipment for rental along its rail belt and properties as specified herein commencing upon award and, at ARRC’s option, continuing for four additional one-year periods. Interested parties are invited to submit a bid to provide said product to ARRC. Bids must be submitted on the bid forms contained herein and must be delivered to the above address. The bid shall be in a sealed envelope with the bid 26-39-215093 clearly printed on the face of the envelope. Bids must be complete and in U.S.

dollars. See instructions and conditions enclosed herein. Bids received via facsimile transmission or email will be considered non-responsive.

IMPORTANT: Material associated with this bid may be funded in part by funds from the Federal Transit Administration (“FTA”) and/or the Federal Railroad Administration (FRA), agencies of the United States Department of Transportation. This solicitation package contains some provisions that are designated as applicable to FTA and FRA.

Please direct all responses and/or questions concerning this Invitation to Bid to Nancy Lee, Alaska Railroad Corporation, Supply Management, 327 W. Ship Creek Avenue, Anchorage, AK 99501, telephone number 907-265-2481 or email at leen@akrr.com mailto:leen@akrr.com

All questions must be asked prior to close of business one week prior to the closing date. Any question received after could result in not being answered.

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 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.

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 counter offers 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.

The Alaska Railroad is a member of Green Star (http://www.greenstarinc.org/). ARRC earned an initial Green Star Award in 1994 and a Green Star Air Quality Award in 2007. The Alaska Railroad considers Green Star membership to be a positive business attribute, and regards a Green Star award as a tangible sign of an organization’s commitment to environmental stewardship and continual improvement within its operations.

Please direct all responses and/or questions concerning this Invitation to Bid to Nancy Lee, Alaska Railroad Corporation, Supply Management, 327 W. Ship Creek Avenue, Anchorage, AK 99501, telephone number 907-265-2481 or email at leen@akrr.com

Sincerely, Nancy Lee Procurement Administrator Alaska Railroad Corporation http://www.greenstarinc.org/

4 Equipment Rental BPO

INDEX

APPENDIX A MINIMUM QUALIFICATION

APPENDIX B SPECIFIC INSTRUCTIONS AND TERMS

APPENDIX C SERVICE BID FORM

APPENDIX D COST SCHEDULE

APPENDIX E BIDDERS QUESTIONNAIRE

APPENDIX F GENERAL TERMS AND CONDITIONS

APPENDIX G REQUIRED CONTRACT PROVISIONS FOR FEDERAL-AID

CONTRACTS

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. Service Bid Form

2. Cost Schedule

3. Bidder’s Questionnaire

4. Required Contract Provisions for Federal-Aid Contracts Signed: Appendix G, Item#25.

Certification regarding use of Contract Funds for Lobbying -31 USC 1352, 49 CFR Part 19, 20.

APPENDIX A

MINIMUM QUALIFICATIONS

Items to be rented through this solicitation are important to the operation of the ARRC. Vendors who respond to this solicitation must meet the following minimum qualifications in order to be considered responsive:

1. Bidder must regularly engage in the commercial rental of equipment and possess, or demonstrate access to, the equipment, personnel, facilities, maintenance capability, and financial resources necessary to perform the Contract.

2. Has the authority and capacity to provide full support for all product warranties, including technical “trouble shooting” support; and

3. Be able to provide audited financial statements demonstrating the financial ability to meet the requirements of any order that may result from this solicitation if asked to do so.

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 offers submitted in response to this solicitation must be signed by an individual with the legal authority to submit the offer on behalf of the company.

Bids/Proposals from vendors that do not meet the above qualifications will not be considered.

APPENDIX B

SPECIFIC INSTRUCTIONS AND TERMS

Any resulting contract from this Invitation to Bid shall incorporate the following terms and conditions contained in this bid package.

METHOD OF BIDDING:

Bids must be submitted in the spaces provided on the bid sheets of this invitation in accordance with the conditions of bid as stated herein. The bid will not be considered to be complete unless all spaces have been filled. Consideration for award will be provided to complete bids only. If a bidder wishes to supply additional information, it may include same along with the bid in the sealed bid envelope.

ARRC RIGHT IN REGARD TO BID:

The Alaska Railroad Corporation reserves the right to reject any or all bids, to waive any informality in bids, to accept in whole or in part such bid or bids as may be deemed in the best interest of the purchaser.

BIDDER/VENDOR TERMS & CONDITIONS: Prospective Bidders are Cautioned to Pay Particular Attention to this Clause.

Bidder/contractor imposed terms and conditions which conflict with this Invitation For Bid terms and conditions are considered counter offers 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 For Bid and the terms and conditions of the bidder/contractor, the terms and conditions of the Invitation For Bid will prevail.

SIGNATURE:

All offers shall be signed by an individual authorized to bind the respondent to its provisions, dated, have proper address, and provide contact telephone number. Prices will be firm for ninety (90) days from the closing date of this solicitation. Prices accepted for an award will be firm throughout the duration of the contract.

ASSIGNMENT:

The agreement to be established as a result of this solicitation shall not be assigned by the contractor in whole or in part without the express written consent of the Alaska Railroad Corporation, nor shall the contractor have the right to authorize or permit the use of the Alaska Railroad Corporation's equipment or service facilities by third parties without the express written consent of the Alaska Railroad Corporation.

HOLD HARMLESS:

The contractor shall indemnify the Alaska Railroad Corporation against liability and hold it harmless from loss in respect to any and all claims and demands whatsoever rising out of the performance of this agreement, save and except the contractor shall not be liable for acts of negligence of Alaska Railroad

Corporation employees acting within the scope of their employment. The Alaska Railroad Corporation shall not be liable for any costs incurred by the bidder in bid preparation.

PERFORMANCE ASSURANCES:

Before final award of any contract as a result of this Invitation For Bid, awarded vendor will be required to make adequate assurance of performance in the form of verifiable information to the contract officer.

Failure to make adequate assurance shall by signature of this bid render the vendor's bid non responsive to this Invitation

SPECIFIC TERMS AND CONDITIONS

Any resulting contract from this Invitation to Bid shall incorporate the following terms and conditions contained in this bid package.

ORDER OF PRECEDENCE:

In the event of a conflict between these Specific Instructions and Terms and the General Terms and Conditions, the Specific Instructions and Terms shall govern with respect to equipment rental services provided under this Contract.

AS-NEEDED SERVICE:

Contractor shall provide equipment rentals and related services on an as-needed basis. This Contract is established on an as-needed, non-exclusive basis. ARRC makes no representation or guarantees regarding the volume, frequency, or value of equipment rentals that may be requested. Equipment rentals shall be ordered only as required by ARRC's operational needs and only through an authorized Purchase Order, release, or other written authorization. ARRC reserves the right to obtain equipment from one or more awarded Contractors in accordance with the terms of this solicitation and the resulting Contract.

CONTRACT TERM:

The Contract shall become effective upon execution and remain in effect for one (1) year. ARRC may, at its sole option, renew the Contract for up to four (4) additional one-year periods by providing written notice to the Contractor. The total Contract term, including all renewals, shall not exceed five (5) years.

RENTAL EQUIPMENT STANDARDS:

Notwithstanding any provision of the General Terms and Conditions requiring supplies to be new, equipment furnished under this Contract may be used rental equipment. All equipment provided under this Contract shall be properly maintained and comply with all applicable safety and regulatory requirements.

EQUPMENT AVAILABILITY:

Contractor shall make commercially reasonable efforts to provide the equipment requested by ARRC as needed during the term of the Contract. If requested equipment is unavailable, Contractor shall promptly notify ARRC and identify available substitute equipment that meets or exceeds the requested specifications and operational requirements. ARRC reserves the right to obtain equipment from another source when the Contractor cannot meet ARRC's requested schedule, availability, or equipment requirements.

RELEASE PROCEDURE:

Contractor shall not furnish, mobilize, or deliver rental equipment or provide related services until authorized by an ARRC-issued Purchase Order or other written authorization from the ARRC Contract Administrator or authorized representative. Only equipment, services, and charges specifically authorized by ARRC shall be eligible for payment. All invoices, delivery records, and supporting documentation shall clearly reference the applicable Purchase Order number.

PRICING:

Rates shall remain fixed for one (1) year of the contract.

PRICE ADJUSTMENTS:

After the first year of the contract, price adjustments shall only be granted upon thirty (30) days notification by vendor to Contract Administrator in writing. Approval for contract price adjustments shall only be granted based on the consumer price index (CPI) and/or historic price/cost data.

EQUIPMENT DELIVERY AND CONDITION:

Rental equipment may be picked up by ARRC or, at ARRC's option, delivered by the Contractor to an ARRC-designated Delivery Point. Anticipated delivery locations include Anchorage and Fairbanks;

however, ARRC reserves the right to designate other locations within its service area as required.

Delivery, mobilization, demobilization, freight, and transportation charges, if any, shall be separately identified in the Contractor's bid and shall be invoiced only when authorized by ARRC. The Contractor shall deliver the equipment to the Delivery Point in first-class operating condition and equipped with all devices, attachments, and safety equipment required for safe, efficient, economical, and continuous operation. Equipment delivered by the Contractor shall remain the Contractor's responsibility during transportation until delivered to and accepted by ARRC at the designated Delivery Point. If the equipment is not delivered in accordance with the foregoing requirements, the Contractor shall promptly remedy the nonconforming condition or remove the equipment from the Delivery Point within forty-eight (48) hours after notice from ARRC. In such event, ARRC shall not be liable for any rental, transportation, mobilization, demobilization, or other related charges or expenses associated with the nonconforming equipment.

RENTAL PERIOD:

Rental charges shall begin when ARRC accepts possession of the equipment at the applicable Delivery Point or, when ARRC picks up the equipment, when possession is transferred to ARRC. Rental charges shall end when the equipment is returned to the Contractor or, when Contractor pickup is required, when ARRC notifies the Contractor that the equipment is available for pickup at the authorized location. ARRC shall not be charged for delays in Contractor pickup.

RISK OF LOSS:

ARRC shall be liable for loss or destruction of the rented equipment from the date of ARRC possession at the Delivery Point (effective date of rental term) until possession is relinquished to the Contractor's agent upon expiration/termination of the rental term. ARRC shall not be liable for loss or damage incurred during Mobilization or Demobilization. In no event shall ARRC be liable for loss of rentals or any other consequential damages.

CLAIMS:

The Contractor shall provide ARRC written notice of any claim for equipment loss or damage within thirty

(30) calendar days after the equipment is returned or made available for Contractor pickup. The notice shall describe the alleged damage, identify the applicable pre-rental and post-rental condition reports, and include supporting documentation of the claimed repair cost. ARRC shall not be liable for ordinary wear and tear, loss of rental income, or other consequential damages.

APPENDIX C

ALASKA RAILROAD CORPORATION SERVICE BID FORM

NAME _________________________________________________

ADDRESS _________________________________________________

To the CONTRACTING OFFICER, ALASKA RAILROAD CORPORATION:

In compliance with your Invitation for Bids No.: ______________________, dated ___________________, 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 E-MAIL ADDRESS

Form 395-129

APPENDIX D

COST SCHEDULE

COST SCHEDULE: A Bidder’s Failure to provide the information requested in this Appendix may be cause for rejection of the bid on the basis of non-responsiveness. Costs shall be bid in accordance with all applicable specifications identified and incorporated herein. The successful bidder shall hold unit prices firm for a period of ninety (90) days from the date of bid opening.

Rates shall remain fixed for one (1) year of the contract.

Provide a rate schedule for all equipment available to ARRC for rental. Complete the following schedule or attach a separate rate sheet detailing the same information at a minimum. If a separate rate sheet is included it must be indicated below.

Separate Rate Sheet Included: Yes

Or:

Manufacturer/Model Number/Description

Daily Rate Weekly Rate Monthly Rate

Earth Movers & Trucks Including Side Dumps, and Heavy-Duty Terminal Trucks for Moving Semi-Trailers and Sweepers

Loaders

Excavators & Backhoes

– COST SCHEDULE CONTINUES ON FOLLOWING PAGE –

Dozers

Graders

Generators, Lights & Heaters

Work Platforms (Mobile articulating, include Platform Height, Reach, and Lift Capacity)

Forklifts (Including rough terrain)

– COST SCHEDULE CONTINUES ON FOLLOWING PAGE –

Light Towers

Compactors (Plate, Drum Rollers)

AWARD CRITERIA: ARRC may make one or more awards, in whole or by equipment category or line item, to the lowest responsive and responsible Bidder(s) whose bid(s) meet the requirements of this solicitation. ARRC reserves the right to make multiple awards when determined to be in its best interest.

The issuance of a Contract does not guarantee that any particular Contractor will receive a minimum number or value of rental orders.

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:

BIDDER’S NAME AND ADDRESS:

COMPANY NAME SIGNATURE BY AND FOR THE BIDDER

COMPANY MAILING ADDRESS PRINTED NAME OF ABOVE BIDDER

CITY, STATE ZIP CODE DATE OF BID

CONTACT PHONE NUMBER CONTACT E-MAIL

14 Equipment Rental BPO

APPENDIX E

BIDDERS 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 question 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 question.

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:

3. Proposer's federal taxpayer identification number:

4. Proposer's Alaska business license number:

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

15 Equipment Rental BPO

6. Proposer's legal address:

Telephone Number: ( ) Email:

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

Name: Title:

Address:

Telephone Number: ( ) Email:

8. How long has the Proposer been in business?

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

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

YES □ NO □

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

11. 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.

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" ANSWERS TO #3 BELOW MUST BE FULLY EXPLAINED ON A SEPARATE SHEET OF

PAPER AND ATTACHED TO THIS QUESTIONAIRE.

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?

16 Equipment Rental BPO

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?

YES □ NO □

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?

YES □ NO □

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 ACTIONS

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?

17 Equipment Rental BPO

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?

YES □ NO □

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

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

18 Equipment Rental BPO

I. Do any principals, officers or partners in Proposer’s company have any felony charges pending against them that were filed 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 (see specific requirements below):

A. PUBLICLY TRADED COMPANIES: Financial information will be accessed on-line. 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.

C. NON-PUBLICLY TRADED COMPANIES WITHOUT AUDITED OR REVIEWED FINANCIAL

STATEMENTS: Company generated financial statements, including balance sheet, statement of earnings and retained income for the most recent three years. The Chief Financial Officer of the corporation, a partner, or owner, as appropriate, must certify these financial statements.

D. SOLE PROPRIETORSHIPS: Refer to C. If financial statements are not generated, please fill out and sign the Financial Statement form attached hereto. Submit one form for each of the most recent three years.

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.

19 Equipment Rental BPO

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.

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APPENDIX F

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.

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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.

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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.

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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 nondefaulting 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.