ITB - DJJ MYC Laundry Services rev 1.pdf

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RFQ 1126058 - Herring Test Fish Bait
Solicitation number
RFQ 1126058
Issued by
North Slope Borough, Alaska

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This is an Invitation to Bid (ITB) issued by the Alaska Department of Family and Community Services, Division of Juvenile Justice, soliciting bids for laundry services for the McLaughlin Youth Center (MYC) located in Anchorage. The contract will cover comprehensive laundry services including pickup, laundering, and return of resident clothing, contaminated garments, linens, and facility-use textiles, with specific requirements for handling color-coded unit-specific clothing and contaminated laundry. The bid is scheduled for release on October 1st, 2025, with bids due by 2:00 PM on October 22nd, 2025. The initial contract term is one year (approximately December 1st, 2025 to November 30th, 2026) with four additional one-year optional renewals possible, potentially extending the contract until November 30th, 2030.

The state has estimated a budget between $220,000 and $300,000 for the entire contract term, with bids outside this range considered non-responsive. The contractor will be paid by the pound of clean laundry delivered, with bidders required to provide a per-pound price. The bid includes various preference opportunities, including Alaska Bidder Preference (5%), Alaska Veteran Preference (5%), and Alaskans with Disabilities Preference (10%). Bidders must have a valid Alaska Business License and meet specific performance requirements, including providing three letters of reference from past customers. The contract requires comprehensive insurance coverage, including Workers' Compensation, Commercial General Liability, and Commercial Automobile Liability insurance, with specific minimum coverage limits.

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STATE OF ALASKA

INVITATION TO BID (ITB)

DJJ LAUNDRY SERVICES MCLAUGHLIN YOUTH CENTER (MYC)

ITB 2026-2600-0097

ISSUE DATE: 10/01/2025

LAUNDRY SERVICES FOR MCLAUGHLIN YOUTH CENTER

IMPORTANT NOTICE: If you received this solicitation from the State of Alaska’s “Online Public Notice” web site, you must register with the procurement officer listed below if you desire to receive notification of subsequent amendments to the solicitation.

BIDDER'S NOTICE: By signature on this form, the bidder certifies that they comply with the following:

(1) The bidder has a valid Alaska business license or will obtain one prior to award of any contract resulting from this ITB. If the bidder possesses a valid

Alaska business license, the license number must be written below or one the following forms of evidence must be submitted with the bid:

• a canceled check for the business license fee;

• a copy of the business license application with a receipt date stamp from the State's business license office;

• a receipt from the State’s business license office for the license fee;

• a copy of the bidder’s valid business license;

• a sworn notarized affidavit that the bidder has applied and paid for a business license;

(2) The price(s) submitted was arrived at independently and without collusion, under penalty of perjury, and that the bidder is complying with:

• the laws of the State of Alaska;

• the applicable portion of the Federal Civil Rights Act of 1964;

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

• the Americans with Disabilities Act of 1990 and the regulations issued thereunder by the state and federal government;

• the bid will remain open and valid for at least 90 days;

• all terms and conditions set out in this Invitation to Bid (ITB).

If a bidder does not hold an Alaska Business License (1) at the time designated in the ITB for opening the state will disallow the Alaska Bidder Preference.

Bids must also be submitted under the name as appearing on the bidder’s current Alaska business license in order to receive the Alaska Bidder Preference.

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

DEPARTMENT OF FAMILY AND COMMUNITY SERVICES

DIVISION OF JUVENILE JUSTICE COMPANY SUBMITTING BID

AUTHORIZED SIGNATURE

PROCUREMENT OFFICER:

JETTA DENNY PRINTED NAME

PHONE: (907) 465-8216

EMAIL: JETTA.DENNY@ALASKA.GOV DATE

DJJ MCLAUGHLIN YOUTH CENTER LAUNDRY SERVICES

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TABLE OF CONTENTS

SECTION 1. INTRODUCTION & INSTRUCTIONS

SEC. 1.01 PURPOSE OF THE ITB

SEC. 1.02 BUDGET

SEC. 1.03 DEADLINE FOR RECEIPT OF BIDS

SEC. 1.04 PRIOR EXPERIENCE

SEC. 1.05 REQUIRED REVIEW

SEC. 1.06 QUESTIONS PRIOR TO DEADLINE FOR RECEIPT OF BIDS

SEC. 1.07 SITE INSPECTION

SEC. 1.08 RETURN INSTRUCTIONS

SEC. 1.09 ASSISTANCE TO BIDDERS WITH A DISABILITY

SEC. 1.10 AMENDMENTS TO BIDS

SEC. 1.11 AMENDMENTS TO THE ITB

SEC. 1.12 ITB SCHEDULE

SEC. 1.13 ALTERNATE BIDS

SEC. 1.14 SUPPORTING INFORMATION

SEC. 1.15 FIRM, UNQUALIFIED, AND UNCONDITIONAL OFFER

SECTION 2. SCOPE OF WORK AND CONTRACT INFORMATION

SEC. 2.01 SCOPE OF WORK

SEC. 2.02 CONTRACT TERM

SEC. 2.03 PAYMENT FOR STATE PURCHASES

SEC. 2.04 ELECTRONIC PAYMENTS

SEC. 2.05 PROMPT PAYMENT FOR STATE PURCHASES

SEC. 2.06 CONTRACT ADMINISTRATION

SEC. 2.07 CONTRACT PRICE ADJUSTMENTS

SEC. 2.08 CONTRACT PERFORMANCE LOCATION

SEC. 2.09 THIRD-PARTY FINANCING AGREEMENTS NOT ALLOWED

SEC. 2.10 SUBCONTRACTORS

SEC. 2.11 JOINT VENTURES

SEC. 2.12 RIGHT TO INSPECT PLACE OF BUSINESS

SEC. 2.13 INSPECTION & MODIFICATION - REIMBURSEMENT FOR UNACCEPTABLE DELIVERABLES

SEC. 2.14 CONTRACT CHANGES – UNANTICIPATED AMENDMENTS

SEC. 2.15 BILLING INSTRUCTIONS

SEC. 2.16 NONDISCLOSURE AND CONFIDENTIALITY

SEC. 2.17 INDEMNIFICATION

SEC. 2.18 INSURANCE

SECTION 3. BID FORMAT AND CONTENT

SEC. 3.01 BID FORMS

SEC. 3.02 PRICES

SECTION 4. EVALUATION AND CONTRACTOR SELECTION

SEC. 4.01 EVALUATION OF BIDS

SEC. 4.02 APPLICATION OF PREFERENCES

SEC. 4.03 ALASKA BIDDER PREFERENCE

SEC. 4.04 ALASKA VETERAN PREFERENCE

SEC. 4.05 ALASKA MILITARY SKILLS PROGRAM PREFERENCE

SEC. 4.06 EMPLOYMENT PROGRAM PREFERENCE

SEC. 4.07 ALASKANS WITH DISABILITIES PREFERENCE

SEC. 4.08 PREFERENCE QUALIFICATION LETTER

SEC. 4.09 EXTENSION OF PRICES

SEC. 4.10 METHOD OF AWARD

SEC. 4.11 NOTICE OF INTENT TO AWARD

SEC. 4.12 ALASKA BUSINESS LICENSE AND OTHER REQUIRED LICENSES

SEC. 4.13 AUTHORITY

SEC. 4.14 COMPLIANCE

SEC. 4.15 CONTRACTOR SITE INSPECTION

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SEC. 4.16 ORDER DOCUMENTS

SEC. 4.17 HUMAN TRAFFICKING

SEC. 4.18 RIGHT OF REJECTION

SEC. 4.19 STATE NOT RESPONSIBLE FOR PREPARATION COSTS

SEC. 4.20 DISCLOSURE OF BID CONTENTS

SEC. 4.21 ASSIGNMENTS

SEC. 4.22 FORCE MAJEURE (IMPOSSIBILITY TO PERFORM)

SEC. 4.23 DEFAULT

SEC. 4.24 DISPUTES

SEC. 4.25 SEVERABILITY

SEC. 4.26 CONTRACT CANCELLATION

SEC. 4.27 GOVERNING LAW; FORUM SELECTION

SEC. 4.28 QUALIFIED BIDDERS

SEC. 4.29 FEDERALLY IMPOSED TARIFFS

SEC. 4.30 PROTEST

SECTION 5. ATTACHMENTS

SEC. 5.01 ATTACHMENTS

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SECTION 1. INTRODUCTION & INSTRUCTIONS

SEC. 1.01 PURPOSE OF THE ITB

The Department of Family and Community Services (FCS), Division of Juvenile Justice (DJJ), is soliciting bids for laundry services for the McLaughlin Youth Center (MYC).

SEC. 1.02 BUDGET

The Department of Family and Community Services, Division of Juvenile Justice, estimates a budget of between

$220,000 and $300,000 for the entire term of this contract. Bids that are priced at less than $220,000 and more than $300,000 will be considered non-responsive.

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

SEC. 1.03 DEADLINE FOR RECEIPT OF BIDS

Bids must be received no later than 2:00pm Alaska Time on 10/22/2025, at which time they will be publicly opened. Late bids or amendments will be considered non-responsive and will not be opened or accepted for evaluation.

SEC. 1.04 PRIOR EXPERIENCE

In order for a bid to be considered responsive the bidder must meet these minimum prior experience requirements:

1. Must have an Alaska Business License in good standing.

2. The bidder must not have had a contract terminated for cause by the State of Alaska within the last three years.

A bidder's failure to meet these minimum prior experience requirements will cause their bid to be considered non-responsive and rejected.

SEC. 1.05 REQUIRED REVIEW

Bidders shall carefully review this ITB for defects and questionable or objectionable material. Comments concerning defects and questionable or objectionable material in the ITB should be made in writing and received by the procurement officer at least ten days before the deadline for receipt of bids. This will allow time for an amendment to be issued if one is required. It will also help prevent the opening of a defective bid, upon which award cannot be made, and the resultant exposure of bidders' prices.

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SEC. 1.06 QUESTIONS PRIOR TO DEADLINE FOR RECEIPT OF BIDS

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

SEC. 1.07 SITE INSPECTION

Potential bidders are encouraged to visit the work site so that they can see the conditions under which the work described in this ITB will be performed. The bidder's failure to visit the work site will in no way relieve the bidder of the responsibility of performing the work in strict compliance with the true intent and meaning of the terms, conditions, and specifications of this ITB.

The site may be inspected by contacting Candice Erickson–Administrative Officer 2, Phone: (907)-261-4309.

This contact person is only empowered to allow potential bidders to view the work site. The contact person cannot and will not answer potential bidder questions regarding the work to be performed under this ITB or the terms, conditions, and specifications of this ITB. Any questions potential bidders have must be directed to the procurement officer listed on page 1.

SEC. 1.08 RETURN INSTRUCTIONS

If you are submitting a response through IRIS Vendor Self-Service (VSS), you may ignore the following return instructions:

Submitting your bid via email: The entire bid may be emailed to fcs.fms.vendor.response@alaska.gov and MUST contain the ITB number in the subject line of the email.

The maximum size of a single email (including all text and attachments) that can be received by the state is 20mb

(megabytes). If the email containing the bid exceeds this size, the bid must be sent in multiple emails that are each less than 20 megabytes, and each email must comply with the requirements described above.

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

It is the bidder’s responsibility to contact the issuing agency at (907)-465-8216 to confirm that the entire bid has been received. The state is not responsible for unreadable, corrupt, or missing attachments.

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SEC. 1.09 ASSISTANCE TO BIDDERS WITH A DISABILITY

The State of Alaska complies with Title II of the Americans with Disabilities Act of 1990. Individuals with disabilities who may need auxiliary aids, services, and/or special modifications to submit a bid should contact the Procurement Officer no later than ten days prior to the closing of the bid to make any necessary arrangements.

SEC. 1.10 AMENDMENTS TO BIDS

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

AAC 12.160.

SEC. 1.11 AMENDMENTS TO THE ITB

If an amendment is issued before the deadline for receipt of bids, the amendment will be posted on the State of

Alaska Online Public Notice (OPN) website. The link to the posting of the amendment will be provided to all who were notified of the ITB and to those who have registered with the procurement officer after receiving the ITB from the OPN.

SEC. 1.12 ITB SCHEDULE

The ITB schedule below represents the State of Alaska’s best estimate of the schedule that will be followed. If a component of this schedule, such as the deadline for receipt of bids, is delayed, the rest of the schedule may be shifted accordingly. All times are Alaska Standard Time (AST).

ACTIVITY TIME DATE

Issue Date / ITB Released 10:00am Wednesday Oct 1st, 2025

Deadline for Receipt of Bids / Bid Due Date 2:00pm Wednesday, October 22nd, 2025

Review of Bids – Lowest Bid Awarded Contract Friday, October 31st, 2025

Anticipated Notice of Intent to Award Monday, November 3rd, 2025

End of Mandatory 10-day protest Period Thursday, November 13th, 2025

Contract Issued Friday, November 14th, 2025

This ITB does not, by itself, obligate the state. The state's obligation will commence when the contract is approved by the Commissioner of the Department of Family and Community Services, or the Commissioner's designee.

Upon written notice to the contractor, the state may set a different starting date for the contract. The state will not be responsible for any work done by the contractor, even work done in good faith, if it occurs prior to the contract start date set by the state.

SEC. 1.13 ALTERNATE BIDS

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

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SEC. 1.14 SUPPORTING INFORMATION

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

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

SEC. 1.15 FIRM, UNQUALIFIED, AND UNCONDITIONAL OFFER

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

SECTION 2. SCOPE OF WORK AND CONTRACT INFORMATION

SEC. 2.01 SCOPE OF WORK

The Alaska Department of Family and Community Services, Division of Juvenile Justice is soliciting bids from qualified bidders to provide comprehensive laundry services for McLaughlin Youth Center (MYC), located at

2600 Providence Dr. Anchorage, AK 99508.

This contract will include the regular pickup, laundering, and return of various items, including resident clothing, contaminated garments, linens, and facility-use textiles. The awarded Contractor must follow clear guidelines for separating laundry, maintaining proper hygiene, and securely packing, ensuring that all clothing and materials are processed in a clean, safe, and secure manner consistent with juvenile justice facility standards and applicable health regulations.

The contractor will pickup and drop-off between 8:00am-9:30am, Monday, Wednesday, and Friday each week. If a pickup/drop-off day falls on a holiday the drop-off/pickup date will resume the following business day.

The scope includes the handling of:

• Color-coded unit-specific clothing (in mesh bags) that must be kept strictly separated by unit (color)

• Contaminated laundry requiring special handling and sanitation protocols

• Common laundry and linens, including pressing and weight limitations on bundled returns

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The Contractor shall possess the ability and demonstrate the capability to accurately weigh all bundled materials. The weighing process must ensure sufficient precision to support the accurate calculation of invoices for services rendered. Weight shall be documented using calibrated equipment, and records of all weighing shall be maintained and made available upon request.

All services must be performed in a professional manner that supports the operational needs of MYC, maintains resident dignity, and upholds the health and safety standards of the facility.

The soiled laundry to be cleaned under this contract will consist of linen, kitchen rags, laundry bags and the articles of clothing as noted on the table below.

There are two (2) separate units at the McLaughlin Youth Center (MYC) that turn in clothing for laundering in color-coded mesh bags:

1. Girls Detention – Black Mesh Bags

2. Boys Detention - Blue Mesh Bags

• Each unit’s clothing consisting of shirts, pants, socks and underclothing MUST be laundered and kept separate from the other units and other laundry.

• All clothing that is received by the Contractor in mesh bags shall be washed separately from all other clothing. The mesh bag shall be washed and kept with the clothing.

• All clothing shall be returned to the facility bundled and securely wrapped and sealed in plastic to eliminate dirt and dust filtration.

• The clothing that is received by the Contractor in mesh bags shall be placed back in the mesh bags after it has been washed, tumble dried and wrapped in plastic as described above.

Contaminated clothing MUST be laundered to maintain safety, hygiene, and compliance with applicable health and safety:

1. All contaminated clothing will be turned over to the Contractor in water-soluble bags.

2. After MYC staff place the laundry in the water-soluble bags, the water-soluble bags will be placed inside another plastic trash type bag.

3. The Contractor shall open the outer plastic bag only and wash the contaminated clothing separately from all other laundry, placing it in the machine without removing the laundry from the water-soluble bag.

4. This laundry will be returned to MYC separated from the other laundry and labeled with the contents contained within.

Common laundry and linens (sheets, pillowcases, shower curtains, tablecloths, towels, wash cloths, mattress pads, bedspreads, blankets, laundry bags, and kitchen rags) not contained in mesh bags, must be washed, tumble dried, sorted, folded, bundled and securely wrapped and sealed in a plastic cover or wrapping. The sheets, pillowcases

{ITB-3/v1/10.16.24} Page 9 of 35 and table clothes will be pressed before being securely wrapped. Each package of returned common laundry must be clearly labeled with the contents and quantity contained and shall not weigh more than twenty (20) pounds.

Cleaned articles are to be bundled as follows:

ARTICLE SIZE OF BUNDLE

Bath Towels 10 each

Pillowcases 50 each

Sheets 10 each

Wool Blankets 5 each

Fleece Blankets 5 each

Bread Spreads 5 each

Kitchen rags/terry 10 lbs.

Pants 5 each

T-shirts 10 each

Sweatshirts 5 each

Underwear 20 each

Socks Returned in colored laundry bags

All laundry services must be performed in accordance with the requirements outlined in this solicitation, as well as applicable state regulations, including 7 AAC 12.740. For off-site facilities, the contractor must ensure it meets these standards. Contractors must also comply with all required procedures for the handling of contaminated materials and for maintaining separation between different housing units' laundry to avoid cross-contamination.

A facility must develop and implement written procedures for handling, processing, storage, and transportation of linen in a manner that will prevent the spread of infection and will ensure the maintenance of clean linen. If a facility operates its own laundry, it must be:

• located so that steam, odors, lint, and objectionable noises do not reach patient or personnel areas

• well-lit, ventilated, and adequate in size for the needs of the facility

• maintained in a sanitary manner and in good repair

• separate from any storage area

• organized so that clean and soiled functions are physically separated.

• A facility must have laundry equipment that provides hot water at a temperature of 160° Fahrenheit unless the facility uses an alternative disinfectant measure, including ozonized water, bleach, or a bleach byproduct, at a lower temperature recommended by the product manufacturer. If the facility uses an alternative disinfectant measure, the facility must develop a written policy and procedure for use of the product and must maintain documentation of the manufacturer's minimum recommended water temperature.

• Handwashing and toilet facilities for laundry personnel must be provided at a location convenient to the laundry.

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• Separate covered carts must be used for transporting soiled and clean linen. The carts must be clearly labeled and equipped with washable covers that are laundered or suitably cleaned daily. If laundry service is provided by an outside laundry service establishment, the facility must choose an establishment that meets the requirements above.

SEC. 2.02 CONTRACT TERM

The length of the contract will be from the date of award, approximately 12/01/2025.

The initial term is one (1) year, approximately 12/01/2025 – 11/30/2026, with four (4) 1-year optional renewals.

This contract has potential renewals until 11/30/2030. Renewal options will be at the full discretion of the State of Alaska, Department of Family and Community Services, Division of Juvenile Justice.

This contract is a services contract.

SEC. 2.03 PAYMENT FOR STATE PURCHASES

No payment will be made until the contract is approved by the Commissioner of the Department of Family and Community services or the Commissioner's designee. Under no conditions will the state be liable for the payment of any interest charges associated with the cost of the contract. The state is not responsible for and will not pay local, state, or federal taxes. All costs associated with the contract must be stated in U.S. currency.

Payment for agreements under $500,000 for the undisputed purchase of goods or services provided to a state agency will be made within 30 days of the receipt of a proper billing or the delivery of the goods or services to the location(s) specified in the agreement, whichever is later. Late payment is subject to 1.5% interest per month on the unpaid balance. Interest will not be paid if there is a dispute or if there is an agreement that establishes a lower interest rate or precludes the charging of interest.

SEC. 2.04 ELECTRONIC PAYMENTS

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

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

SEC. 2.05 PROMPT PAYMENT FOR STATE PURCHASES

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

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

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SEC. 2.06 CONTRACT ADMINISTRATION

The administration of this contract is the responsibility of the procurement officer or person appointed by the

Department of Family and Community Services, Division of Juvenile Justice.

SEC. 2.07 CONTRACT PRICE ADJUSTMENTS

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

Consumer Price Index (CPI): Contract prices will remain firm through 06/30/2027 after which the contractor may request price adjustments. Contractors must submit a request to the State at least thirty (30) days prior to the end of the current term. All Requests must be in writing and must be received 30 days prior to the Contract renewal date.

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

b. Price adjustments will be made in accordance with the percentage change in the U.S. Department of

Labor, Bureau of Labor and Statistics, Consumer Price Index (CPI-U) for All Urban Consumers, All Items, Urban Alaska.

c. The price adjustment rate will be determined by comparing the percentage difference between the

CPI in effect for the base year reported January through June 2026 and each January through June thereafter. The percentage difference between those two CPI issues will be the price adjustment rate.

No retroactive contract price adjustments will be allowed. All price adjustments must be approved by the Procurement Officer prior to the implementation of the adjusted pricing. Approval shall be in the form of a Contract Amendment issued by the Procurement Officer.

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

SEC. 2.08 CONTRACT PERFORMANCE LOCATION

The location related to this contract is the Anchorage McLaughlin Youth Center (MYC), 2600 Providence Dr., Anchorage, AK 99508.

All work is to be performed, completed, and managed off site by the contractor. The contractor is responsible for picking up materials from MYC and delivering completed work back to MYC upon completion.

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No work will be performed on-site. The state will not provide workspace at MYC for the contractor.

SEC. 2.09 THIRD-PARTY FINANCING AGREEMENTS NOT ALLOWED

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

SEC. 2.10 SUBCONTRACTORS

Subcontractors will not be allowed.

SEC. 2.11 JOINT VENTURES

Joint ventures will not be allowed.

SEC. 2.12 RIGHT TO INSPECT PLACE OF BUSINESS

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

SEC. 2.13 INSPECTION & MODIFICATION - REIMBURSEMENT FOR UNACCEPTABLE

DELIVERABLES

The contractor is responsible for providing all products for the completion of all work set out in the contract. All work is subject to inspection, evaluation, and approval by the state. The state may employ all reasonable means to ensure that the work is progressing and being performed in compliance with the contract. The state may instruct the contractor to make corrections or modifications if needed in order to accomplish the contract’s intent.

The contractor will not unreasonably withhold such changes.

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

SEC. 2.14 CONTRACT CHANGES – UNANTICIPATED AMENDMENTS

During the course of this contract, the contractor may be required to perform additional work. That work will be within the general scope of the initial contract. When additional work is required, the state will provide the contractor with a written description of the additional work and request the contractor to submit a firm time schedule for accomplishing the additional work and a firm price for the additional work. Cost and pricing data must be provided to justify the cost of such amendments per AS 36.30.400.

The contractor will not commence additional work until the procurement officer has secured the required state approvals necessary and issued a written contract amendment.

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SEC. 2.15 BILLING INSTRUCTIONS

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

1. Contract number and title

2. Identification of the billing period

3. An itemized listing of deliverables and charges for the invoiced period

4. Total amount billed

5. Date invoice was submitted for payment

6. Entity name, contact information, and Alaska vendor number

Invoices must be billed to the ordering agency's address shown on the individual Purchase Order, Contract Award or Delivery Order. The state will make payment after it receives the goods or services and the invoice. Questions concerning payment must be addressed to the ordering agency.

SEC. 2.16 NONDISCLOSURE AND CONFIDENTIALITY

The contractor agrees that all confidential information shall be used only for purposes of providing the deliverables and performing the services specified herein and shall not disseminate or allow dissemination of confidential information except as provided for in this section. The contractor shall hold as confidential and will use reasonable care (including both physical security and electronic security) to prevent unauthorized access by storage, disclosure, publication, dissemination of and/or use by third parties of, the confidential information.

“Reasonable care” means compliance by the contractor with all applicable federal and state law, including the

Social Security Act and HIPAA. The contractor must promptly notify the state in writing if it becomes aware of any storage, disclosure, loss, unauthorized access to or use of the confidential information.

Confidential information, as used herein, means any data, files, software, information or materials (whether prepared by the state or its agents or advisors) in oral, electronic, tangible or intangible form and however stored, compiled or memorialized that is classified confidential as defined by State of Alaska classification and categorization guidelines provided by the state to the contractor or a contractor agent or otherwise made available to the contractor or a contractor agent in connection with this contract, or acquired, obtained or learned by the contractor or a contractor agent in the performance of this contract. Examples of confidential information include, but are not limited to technology infrastructure, architecture, financial data, trade secrets, equipment specifications, user lists, passwords, research data, and technology data (infrastructure, architecture, operating systems, security tools, IP addresses, etc.).

The following information shall not be considered confidential information: information previously known to be public information when received from the other party; information freely available to the general public;

information which now is or hereafter becomes publicly known by other than a breach of confidentiality hereof;

or information which is disclosed by a party pursuant to subpoena or other legal process and which as a result becomes lawfully obtainable by the general public.

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SEC. 2.17 INDEMNIFICATION

The contractor shall indemnify, hold harmless, and defend the contracting agency from and against any claim of, or liability for error, omission or negligent act of the contractor under this agreement. The contractor shall not be required to indemnify the contracting agency for a claim of, or liability for, the independent negligence of the contracting agency. If there is a claim of, or liability for, the joint negligent error or omission of the contractor and the independent negligence of the contracting agency, the indemnification and hold harmless obligation shall be apportioned on a comparative fault basis.

“Contractor” and “contracting agency”, as used within this and the following article, include the employees, agents and other contractors who are directly responsible, respectively, to each. The term “independent negligence” is negligence other than in the contracting agency’s selection, administration, monitoring, or controlling of the contractor and in approving or accepting the contractor’s work.

SEC. 2.18 INSURANCE

Without limiting the contractor's indemnification, it is agreed that the contractor shall purchase at its own expense and maintain in force at all times during the performance of services under this agreement the following policies of insurance. Where specific limits are shown, it is understood that they shall be the minimum acceptable limits.

If the contractor's policy contains higher limits, the state shall be entitled to coverage to the extent of such higher limits.

Certificates of Insurance must be furnished to the procurement officer prior to contract approval and must provide for notice of cancellation, non-renewal, or material change of conditions in accordance with policy provisions.

Failure to provide satisfactory evidence of insurance or lapses of the policy is a material breach of this contract and shall be grounds for termination of the contractor's services. All insurance policies shall comply with and be issued by insurers licensed to transact the business of insurance under AS 21.

Proof of insurance is required for the following:

• Workers' Compensation Insurance: The contractor shall provide and maintain, for all employees engaged in work under this contract, coverage as required by AS 23.30.045, and where applicable, any other statutory obligations including but not limited to Federal U.S.L. & H. and Jones Act requirements. The policy must waive subrogation against the state.

• Commercial General Liability Insurance: covering all business premises and operations used by the contractor in the performance of services under this agreement with minimum coverage limits of $300,000 combined single limit per occurrence.

• Commercial Automobile Liability Insurance: covering all vehicles used by the contractor in the performance of services under this agreement with minimum coverage limits of $300,000 combined single limit per occurrence.

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SECTION 3. BID FORMAT AND CONTENT

SEC. 3.01 BID FORMS

Bidders shall use the front page of this ITB (the Bid Submission Cover Sheet) and any other forms identified in this

ITB for submitting bids. All bids must be signed by an individual authorized to bind the bidder to the provisions of the ITB.

BIDDER'S CERTIFICATION

By signature on the bid, the bidder certifies that they comply with the following:

A. the laws of the State of Alaska;

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

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

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

Act of 1990, 28 CFR, Part 35, Subpart B 35.130;

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

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

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

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

CONFLICT OF INTEREST

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

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SEC. 3.02 PRICES

The bidder shall state prices in the units of issue on this ITB. Prices quoted in bids must be exclusive of federal, state, and local taxes. If the bidder believes that certain taxes are payable by the state, the bidder may list such taxes separately, directly below the bid price for the affected item.

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SECTION 4. EVALUATION AND CONTRACTOR SELECTION

SEC. 4.01 EVALUATION OF BIDS

After bid opening, the procurement officer will evaluate the bids for responsiveness. Bids deemed non-responsive will be eliminated from further consideration. An evaluation may not be based on discrimination due the race, religion, color, national origin, sex, age, marital status, pregnancy, parenthood, disability, or political affiliation of the bidder.

SEC. 4.02 APPLICATION OF PREFERENCES

Certain preferences apply to all state contracts, regardless of their dollar value. The Alaska Bidder and Alaska

Veteran preferences are the most common preferences involved in the ITB process. Additional preferences that may apply to this procurement are listed below. Guides that contain excerpts from the relevant statutes and codes explain when the preferences apply and provide examples of how to calculate the preferences are available at the following website:

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

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

• Alaska Products Preference - AS 36.30.332

• Recycled Products Preference - AS 36.30.337

• Local Agriculture and Fisheries Products Preference - AS 36.15.050

• Employment Program Preference - AS 36.30.321(b)

• Alaskans with Disabilities Preference - AS 36.30.321(d)

The Division of Vocational Rehabilitation in the Department of Labor and Workforce Development keeps a list of qualified employment programs and individuals who qualify as persons with a disability. As evidence of a business’ or an individual's right to the Employment Program or Alaskans with Disabilities preferences, the Division of

Vocational Rehabilitation will issue a certification letter. To take advantage of these preferences, a business or individual must be on the appropriate Division of Vocational Rehabilitation list prior to the time designated for receipt of proposals. Bidders must attach a copy of their certification letter to the proposal. A bidder’s failure to provide this certification letter with their proposal will cause the state to disallow the preference.

SEC. 4.03 ALASKA BIDDER PREFERENCE

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

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

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

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

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

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

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

Alaska Bidder Preference Certification Form

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

SEC. 4.04 ALASKA VETERAN PREFERENCE

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

a) sole proprietorship owned by an Alaska veteran;

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

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

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

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

Alaska Veteran Preference Certification

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

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SEC. 4.05 ALASKA MILITARY SKILLS PROGRAM PREFERENCE

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

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

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

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

Alaska Military Skills Program Preference Certification

In order to receive the Alaska Military Skills Program Preference, the bid must include the Alaska Bidder Preference

Certification Form attached to this ITB. A bidder’s failure to complete and provide this form with their bid will cause the state to disallow the preference.

In addition, proof of graduation of the qualifying employee from an eligible program as described in AS

36.30.321(l) must be provided to the Procurement Officer at time of bid submission. Bidders must provide clarification or additional information requested by the Procurement Officer related to the preference not later than 5:00 PM Alaska Time one (1) business day following the date of the request. Failure to provide sufficient documentation will result in the bidder not receiving the Military Skills Program Preference.

SEC. 4.06 EMPLOYMENT PROGRAM PREFERENCE

If a bidder qualifies for the Alaska Bidder Preference and is offering goods or services through an employment program as defined under AS 36.30.990(12), an Employment Program Preference of 15% will be applied to the total bid price.

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

SEC. 4.07 ALASKANS WITH DISABILITIES PREFERENCE

If a bidder qualifies for the Alaska Bidder Preference and is a qualifying entity as defined in AS 36.30.321(d), an

Alaskans with Disabilities Preference of 10% will be applied to the total bid price.

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

SEC. 4.08 PREFERENCE QUALIFICATION LETTER

Regarding the Employment Program Preference and the Alaskans with Disabilities Preference, the Division of

Vocational Rehabilitation in the Department of Labor and Workforce Development maintains lists companies who qualify for those preferences. As evidence of a company’s right to the preferences, the Division of Vocational

Rehabilitation will issue a certification letter. To take advantage of the preferences, a bidder must be on the appropriate Division of Vocational Rehabilitation list at the time the bid is opened and must attach a copy of their certification letter to their bid. The bidder's failure to provide this certification letter with their bid will cause the state to disallow the preference.

SEC. 4.09 EXTENSION OF PRICES

In case of error in the extension of prices in the bid, the unit prices will govern; in a lot bid, the lot prices will govern.

SEC. 4.10 METHOD OF AWARD

The Contract Award will be made to the lowest responsive and responsible bidder.

To be considered responsive, bidders must bid on all items:

• all sections completed

• all required items priced

• all terms agreed to

To be considered a responsible bidder:

Per 2 AAC 12.500 Standard of Responsibility, factors that may be considered in determining whether a prospective contractor is responsible include whether the prospective contractor has a satisfactory record of performance.

Therefore, before the award is made, the procurement officer will require the lowest bidder to provide information to substantiate the bidder’s record of performance in the form of:

• Three letters of reference from past and current customers attesting to the vendor providing satisfactory or better performance within the last three years.

• If the vendor held any contract(s) with agencies of the State of Alaska within the last 3 years, letters from those agencies must be included. The bidder’s vendor history with the State of Alaska will be verified by the Procurement Officer through the State of Alaska’s financial system IRIS.

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Failure to provide requested information of if the procurement officer determines the performance record is unsatisfactory, the bidder will be found non-responsible, and the procurement officer will consider the next lowest bidder as the apparent low bidder susceptible for award.

SEC. 4.11 NOTICE OF INTENT TO AWARD

After the responses to this ITB have been opened, evaluated, and letters of support sought and received from the lowest bidder to substantiate its standing as a responsible vendor, a tabulation of the bids will be prepared. This tabulation, called a Notice of Intent to Award, serves two purposes. (1) It lists the name of each company or person that offered a bid and the price they bid. (2) It also provides notice of the state's intent to award a contract(s) to the bidder(s) indicated. A copy of the Notice of Intent will be sent to each company or person who responded to the ITB. Bidders identified as the apparent low responsive and responsible bidders are instructed not to proceed until a Purchase Order, Contract Award, Lease, or some other form of written notice is given by the procurement officer. A company or person who proceeds prior to receiving a Purchase Order, Contract Award, Lease, or some other form of written notice from the procurement officer does so without a contract and at their own risk.

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SEC. 4.12 ALASKA BUSINESS LICENSE AND OTHER REQUIRED LICENSES

Prior to the award of a contract, a bidder must hold a valid Alaska business license. However, to receive the Alaska

Bidder Preference and other related preferences, such as the Alaska Veteran Preference and Alaskans with

Disabilities Preference, a bidder must hold a valid Alaska business license prior to the deadline for receipt of bids.

Bidders should contact the Department of Commerce, Community and Economic Development, Division of

Corporations, Business, and Professional Licensing, PO Box 110806, Juneau, Alaska 99811-0806, for information on these licenses. Acceptable evidence that the bidder possesses a valid Alaska business license may consist of any one of the following:

• copy of an Alaska business license,

• certification on the bid that the bidder has a valid Alaska business license and has included the license number in the bid,

• a canceled check for the Alaska business license fee,

• a copy of the Alaska business license application with a receipt stamp from the state's occupational licensing office, or

• a sworn and notarized statement that the bidder has applied and paid for the Alaska business license.

You are not required to hold a valid Alaska business license at the time bids are opened if you possess one of the following licenses and are offering services or supplies under that specific line of business:

• fisheries business licenses issued by Alaska Department of Revenue or Alaska Department of Fish and

Game,

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

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

• Mining licenses issued by Alaska Department of Revenue.

Prior to the deadline for receipt of bids, all bidders must hold any other necessary applicable professional licenses required by Alaska Statute.

SEC. 4.13 AUTHORITY

This ITB is written in accordance with AS 36.30 and 2 AAC 12.

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SEC. 4.14 COMPLIANCE

In the performance of a contract that results from this ITB, the contractor must comply with all applicable federal, state, and borough regulations, codes, and laws; be liable for all required insurance, licenses, permits and bonds;

and pay all applicable federal, state, and borough taxes.

SEC. 4.15 CONTRACTOR SITE INSPECTION

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

SEC. 4.16 ORDER DOCUMENTS

Except as specifically allowed under this ITB, an ordering agency will not sign any vendor contract. The state is not bound by a vendor contract signed by a person who is not specifically authorized to sign for the state under this

ITB. Unless otherwise specified in this ITB, the State of Alaska Purchase Order, Contract Award and Delivery Order are the only order documents that may be used to place orders against the contract(s) resulting from this ITB.

SEC. 4.17 HUMAN TRAFFICKING

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

Trafficking in Persons Report.

The most recent United States…

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