STATE OF ALASKA

INVITATION TO BID (ITB)

DILLINGHAM HANGAR LEASE

ITB F2026-12-008

ISSUED MARCH 05, 2026

THE DEPARTMENT OF PUBLIC SAFETY, AIRCRAFT SECTION, IS LOOKING TO LEASE HANGAR SPACE IN DILLINGHAM, ALASKA.

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 PUBLIC SAFETY

DIVISION OF ADMINISTRATIVE SERVICES COMPANY SUBMITTING BID

AUTHORIZED SIGNATURE

PROCUREMENT OFFICER:

OLIVIA JEWELL PRINTED NAME

PHONE: (907) 269-5647

EMAIL: OLIVIA.JEWELL@ALASKA.GOV DATE

STATE OF ALASKA – INVITATION TO BID ITB F2026-12-008

{ITB-3/v1/10.16.24} Page 2 of 31

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 RETURN INSTRUCTIONS

SEC. 1.08 ASSISTANCE TO BIDDERS WITH A DISABILITY

SEC. 1.09 AMENDMENTS TO BIDS

SEC. 1.10 AMENDMENTS TO THE ITB

SEC. 1.11 ITB SCHEDULE

SEC. 1.12 ALTERNATE BIDS

SEC. 1.13 SUPPORTING INFORMATION

SEC. 1.14 FIRM, UNQUALIFIED, AND UNCONDITIONAL OFFER

SECTION 2. LEASE PROVISIONS AND LEASE INFORMATION

SEC. 2.01 LEASE PROVISIONS

SEC. 2.02 CONTRACT TERM

SEC. 2.03 CONTRACT TYPE

SEC. 2.04 PAYMENT FOR STATE PURCHASES

SEC. 2.05 ELECTRONIC PAYMENTS

SEC. 2.06 CONTRACT ADMINISTRATION

SEC. 2.07 CONTRACT PRICE ADJUSTMENTS

SEC. 2.08 CONTRACT PERFORMANCE LOCATION

SEC. 2.09 SUBCONTRACTORS

SEC. 2.10 RIGHT TO INSPECT PLACE OF BUSINESS

SEC. 2.11 EQUIPMENT INSPECTION

SEC. 2.12 CONTRACT CHANGES – UNANTICIPATED AMENDMENTS

SEC. 2.13 CONTINUING OBLIGATION OF CONTRACTOR

SEC. 2.14 BILLING INSTRUCTIONS

SEC. 2.15 NONDISCLOSURE AND CONFIDENTIALITY

SEC. 2.16 INDEMNIFICATION

SEC. 2.17 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 CONTRACTOR SELECTION PROCESS

SEC. 4.12 NOTICE OF INTENT TO AWARD

SECTION 5. GENERAL PROCESS AND LEGAL INFORMATION

SEC. 5.01 INFORMAL DEBRIEFING

SEC. 5.02 ALASKA BUSINESS LICENSE AND OTHER REQUIRED LICENSES

SEC. 5.03 AUTHORITY

SEC. 5.04 COMPLIANCE

SEC. 5.05 SUITABLE MATERIALS, ETC

SEC. 5.06 SPECIFICATIONS

SEC. 5.07 WORKMANSHIP AND MATERIALS

SEC. 5.08 CONTRACTOR SITE INSPECTION

SEC. 5.09 ORDER DOCUMENTS

{ITB-3/v1/10.16.24} Page 3 of 31

SEC. 5.10 HUMAN TRAFFICKING

SEC. 5.11 RIGHT OF REJECTION

SEC. 5.12 STATE NOT RESPONSIBLE FOR PREPARATION COSTS

SEC. 5.13 DISCLOSURE OF BID CONTENTS

SEC. 5.14 ASSIGNMENTS

SEC. 5.15 FORCE MAJEURE (IMPOSSIBILITY TO PERFORM)

SEC. 5.16 DEFAULT

SEC. 5.17 DISPUTES

SEC. 5.18 SEVERABILITY

SEC. 5.19 CONTRACT CANCELLATION

SEC. 5.20 GOVERNING LAW; FORUM SELECTION

SEC. 5.21 QUALIFIED BIDDERS

SEC. 5.22 FEDERALLY IMPOSED TARIFFS

SEC. 5.23 PROTEST

SECTION 6. ATTACHMENTS

SEC. 6.01 ATTACHMENTS

{ITB-3/v1/10.16.24} Page 4 of 31

SECTION 1. INTRODUCTION & INSTRUCTIONS

SEC. 1.01 PURPOSE OF THE ITB

The Department of Public Safety, Division of Administrative Services, on behalf of Aircraft Section, is looking to lease hangar space in Dillingham, Alaska. A more detailed description is provided in Section 2 Lease Provisions.

SEC. 1.02 BUDGET

Department of Public Safety, Division of Administrative Services, estimates a budget of between $150,000.00 and $350,000.00 dollars for this contract. Bids priced at more than $350,000.00 will be considered non-responsive.

Approval or continuation of a contract resulting from this ITB is contingent upon legislative appropriation.

SEC. 1.03 DEADLINE FOR RECEIPT OF BIDS

Bids must be received no later than 2:00pm Alaska Time on March 26, 2026, at which time they will be publicly opened. Late bids or amendments will be considered non-responsive and will not be opened or accepted for evaluation.

SEC. 1.04 PRIOR EXPERIENCE

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

• Bidder must own the property offered.

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.

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.

PROCUREMENT OFFICER: Olivia Jewell – PHONE: 907-269-5647 – EMAIL: Olivia.jewell@alaska.gov

{ITB-3/v1/10.16.24} Page 5 of 31

SEC. 1.07 RETURN INSTRUCTIONS

Bidders must submit one copy of their bid via email to dps.das.solicitations@alaska.gov. It 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. Similar to sending a hard copy bid, if you are emailing your bid, the state recommends sending it enough ahead of time to ensure the email is delivered by the deadline for receipt of bid.

It is the bidder’s responsibility to contact the issuing agency at 907-269-5647 to confirm that the entire bid has been received. The state is not responsible for unreadable, corrupt, or missing attachments.

SEC. 1.08 ASSISTANCE TO BIDDERS WITH A DISABILITY

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

SEC. 1.09 AMENDMENTS TO BIDS

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

AAC 12.160.

SEC. 1.10 AMENDMENTS TO THE ITB

If an amendment is issued before the deadline for receipt of bids, the amendment will be posted on the State of Alaska Online Public Notice (OPN) website. The link to the posting of the amendment will be provided to all who were notified of the ITB and to those who have registered with the procurement officer after receiving the ITB from the OPN.

SEC. 1.11 ITB SCHEDULE

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

ACTIVITY TIME DATE

Issue Date / ITB Released March 05, 2026 Deadline for Receipt of Bids / Bid Due Date 2:00pm AKST March 26, 2026 Bid Evaluations Complete Approx. week of March 30, 2026 Notice of Intent to Award Approx. week of March 30, 2026 mailto:dps.das.solicitations@alaska.gov

{ITB-3/v1/10.16.24} Page 6 of 31

Contract Issued Approx. week of April 06, 2026 Lease Start Date Approx. May 01, 2026

This ITB does not, by itself, obligate the state. The state's obligation will commence when the contract is approved by the Commissioner of the Department of Public Safety, or the Commissioner's designee. Upon written notice to the contractor, the state may set a different starting date for the contract. The state will not be responsible for any work done by the contractor, even work done in good faith, if it occurs prior to the contract start date set by the state.

SEC. 1.12 ALTERNATE BIDS

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

SEC. 1.13 SUPPORTING INFORMATION

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

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

SEC. 1.14 FIRM, UNQUALIFIED, AND UNCONDITIONAL OFFER

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

{ITB-3/v1/10.16.24} Page 7 of 31

SECTION 2. LEASE PROVISIONS AND LEASE INFORMATION

SEC. 2.01 LEASE PROVISIONS

The Department of Public Safety, Aircraft Section, is looking to lease hangar space in Dillingham, Alaska. This hangar shall provide year-round (365/24/7) hangar space for state aircraft. Hangar space shall be between 2,500 and 3,600 square feet in size (+/-) in usable hangar dimensions. The hangar door shall be of adequate dimensions to accommodate the required aircraft or equipment, with a desired opening of 55 feet wide by 18 feet high.

Equivalent functional configurations that meet operational requirements will be considered. The state shall determine if submitted dimensions are suitable for required aircraft. Hangar property that can provide an AVGAS tank, restroom, and tug for use is preferred but not mandatory. Hangar shall be a locked and secure facility and DPS will have 24 hour/7 days-a-week access. DPS shall retain the right to move the aircraft as needed, ingress and/or egress launch, and recovery as required. Contractor shall provide an aircraft tug for this purpose.

BUILDING REQUIREMENTS

HANGAR FACILITY

The hangar facility shall comply with all state, city, local codes and amendments for the following:

• Electrical

• Mechanical

• Regulations of the State Fire Marshal

1. TYPE OF BUILDING

The space proposed shall be in a building of sound and substantial construction. The building and the area in which it is located shall be clean and free from objectionable odors, vermin, rodents, or other conditions which, in the opinion of the State, will be detrimental to agency operation. The State shall have the right to withhold rent if building is substandard and lessor fails to make corrections after thirty day written notice.

The State’s opinion shall be binding.

2. GENERAL REQUIREMENTS

A year-round hangar facility to accommodate an aircraft to include the following, at minimum:

1. Hangar space shall be between 2,500 and 3,600 square feet in size (+/-) in usable hangar dimensions

2. Operational hangar door shall be of adequate dimensions to accommodate the required aircraft or equipment, with a desired opening of 55 feet wide by 18 feet high. Equivalent functional configurations that meet operational requirements will be considered

3. A handrail for stairs with four or more steps, including landings

4. All outside area accessible by the tenant must be free from debris and hazardous materials (i.e., broken glass, old refrigerators, used car batteries, dilapidated buildings, abandoned vehicles, low-hanging electrical wires, hazardous waste dumps, open sewers, etc.)

5. Weather-tight roof and outside coverings

6. All windows and doors including hardware must be operational and in good condition

{ITB-3/v1/10.16.24} Page 8 of 31

7. All emergency and fire exits must be freely accessible and must be operational. Provide smoke and carbon monoxide (CO) detectors as required under Alaska Statute 18.70.095

8. Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, and other facilities and appliances, including elevators, supplied or required to be supplied by the lessor

9. Supply running water and reasonable amounts of hot water and heat at all times, insofar as energy conditions permit

10. Secure and lockable entrances that allow for the state to have 24-hour, 7-days a week access

Preferred Accommodations (not mandatory)

1. One restroom

2. AVGAS tank

3. Tug for moving aircraft

3. FLOOR COVERING

All floors shall be covered with resilient flooring fit for repeated use with the aircraft and personnel.

4. PAINTING

All exposed surfaces shall be finished to acceptable standards.

5. DOOR HARDWARE

All doors shall be equipped complete with all necessary hardware. Doors that are operable with a “one step” process preferred. The state requires access capabilities (keys, badge, or code) for up to ten state employees.

6. ELECTRICAL REQUIREMENTS

Power Distribution: The power distribution system serving the leased space shall include distribution equipment to provide 120 volt single phase, and 208 volt or 240 volt single phase power. Receptacle loads, branch circuits, panel boards and feeder loads shall be calculated in accordance with the National Electric Code.

Switching: Individual switching shall be provided for each room or area. Switches shall be located inside the lighted space, adjacent to the entry, accessible with doors open or closed. All light switches must have unbroken cover plates.

Electrical Outlets: Unless otherwise specified, each room should have a minimum of two outlets per room.

All electrical outlets must have unbroken cover plates. If the outlet is disconnected, it must be covered.

Documentation: The Lessor shall post an up-to-date floor plan at each circuit breaker panel with labeling to correspond to individual circuit breaker labels.

General Requirements:

{ITB-3/v1/10.16.24} Page 9 of 31

1. No bare wires, hanging switches, or light fixtures hanging by electrical wires are acceptable in any room accessible by the tenant including garages, utility rooms, and common areas.

2. All permanent light fixtures will be tested.

3. All outdoor plug-ins must comply electrically and have functional covers.

7. MANUFACTURERS’ RECOMMENDATION REQUIREMENT

All equipment installed shall be in accordance with Federal, State and local governing authority regulations and in accordance with the intended manufacturer purpose and recommended installation instructions.

8. ENVIRONMENTAL & LIFE/SAFETY

Lessor agrees to provide a space free from all environmental and life/safety hazards. Lessor agrees that the premises will be in compliance with applicable health and safety standards set forth by OSHA, EPA, and the

CDC.

If at any time throughout the tenancy of the lease, and environmental, health, or safety hazard is suspected or identified, the State will provide written notice to the Lessor. The Lessor agrees to take corrective action to investigate, test and remedy the suspected identified hazard within five business days. If the reported hazard cannot be corrected within five days, the Lessor shall within the same five days provide the State with a written plan and timeline for correcting the hazard. If after the sixth working day, the Lessor has not corrected the hazard or provided a plan and reasonable timeframe for remediation, the State reserves the right to obtain competent workers to remediate the hazard. The Lessor shall pay all related costs either by direct payment or by the State making the payment to the workers and reducing the rent accordingly. If work is not completed and corrected to the States satisfaction within thirty days, the State may elect to withhold rent until corrected.

9. HEATING

A heating system shall be provided to maintain a uniform temperature between 50 degrees and 70 degrees.

The temperature shall be maintained throughout all areas.

If the temperature is not maintained within the 50 degree to 70 degree range for a period of more than one working day, the Lessor shall upon receipt of a written complaint from the State, provide suitable temporary/auxiliary heating or cooling equipment to maintain the temperature in the specified range.

If such temporary/auxiliary equipment is necessary to meet normal weather conditions for more than ten consecutive working days, the Lessor will, no later than the eleventh working day, initiate a diligent effort to rectify the deficiency and forward a detailed schedule to the State.

If after thirty consecutive working days the temporary/auxiliary equipment is still necessary to meet normal weather conditions, the State shall be free to hold the lessor in default in accordance with the provisions of this ITB and seek other space.

“Working days” for the purposes of this section is defined as days normally scheduled by the State as open for the conduct of State business.

The furnace must:

{ITB-3/v1/10.16.24} Page 10 of 31

1. Be adequate and free from debris and fire hazards.

2. Have a manual shut-off.

3. Be properly vented.

10. VENTILATION

The facility shall be properly ventilated.

11. OFF STREET PARKING

Parking shall be located within one-hundred feet walking distance of main entrance using main pedestrian routes such as sidewalks. Routes using alleyways and/or other private property are not acceptable nor are the routes that could pose a danger to pedestrians. Hangar is to be easily accessible by motor vehicle roadway.

The location proposed shall have adequate parking for up to three vehicles.

All parking shall be of sufficient size to allow proper parking of the required number of vehicles and shall have a hard and well-drained surface.

ADDITIONAL GENERAL CONDITIONS:

1. GENERAL: These conditions shall govern unless specifically modified by the Special Conditions.

2. LEASE AGREEMENT: The lease agreement resulting from the award of this Invitation to Bid will be prepared by the State and will include all the terms and conditions of the Invitation to Bid.

3. DELIVERY AND CONDITIONS OF PREMISES: The space shall be delivered ready for occupancy on the date required under the award of this lease. The term “ready for occupancy” requires the space to meet all the requirements of the bid document and receive and receive a Certificate of Occupancy (where applicable) from an appropriate building official. If the jurisdiction in which the premises are located does not provide a Certificate of Occupancy, the state may at its own discretion require an occupancy inspection in lieu of the Certificate of Occupancy. The state reserves the right to determine when the space is ready for occupancy. If new construction is offered, incremental completion, inspection and occupancy of individual units may be considered by the State with a commensurate adjustment to the lease.

4. RESTORATION LIABILITIES: The State is not liable for restoration of improvements required to meet the specification requirements set forth by this Invitation to Bid and those made prior to final acceptance for occupancy.

5. CHANGES: Changes in the space proposed either by the successful bidder or by the State after acceptance of the offer, shall be mutually agreed upon by both parties in writing before such changes are actually accomplished.

{ITB-3/v1/10.16.24} Page 11 of 31

6. FIRE PREVENTION: The successful bidder shall maintain the premises in keeping with good fire prevention practices. The State reserves the right at reasonable times to enter and make fire prevention and fire protection inspections of the building and space occupied. If any fire hazard is detected through inspection of the building, it shall be promptly corrected by the successful bidder. Smoke and Carbon Monoxide detectors are required in each housing unit.

7. ACCIDENT HAZARD: The successful bidder shall maintain the building free of structural or mechanical hazards.

If any accident hazards relative to the structure or building operating equipment are detected through inspections of the space, they shall be promptly corrected by the successful bidder.

8. INTERRUPTION OF UTILITIES AND SERVICES: In the even that, in the reasonable judgment of the Lessee the lawful enjoyment of the demised premised is threatened by the interruption or severance of utilities and services provided hereunder the Lessor, and when such interruption or severance is due to deliberate, or negligent, or tacitly negligent act of the Lessor, the Lessee shall have the right to bind such utilities and services as are threatened, in the name of the Lessee. The Lessee shall be free to deduct from the lease payments and costs of such utilities and services, together with all necessary deposits and the Lessee’s actual administrative costs necessary to procure the utilities and services.

9. MAINTENANCE AND REPAIR: The successful bidder shall assume sole responsibility for the maintenance of the demised premises. This responsibility encompasses keeping the premises in good repair and tenantable condition. The term “repair” includes repairs of any type including but not limited to exterior and interior, structural and nonstructural, routine or periodic, except as in case of damage arising from the negligence of the State’s agents or employees. The successful bidder agrees that after reasonable notice in writing by the State to the effect that the repair, maintenance, or service obligations as specified herein for the demised premises have not been satisfactorily fulfilled, the State can then obtain competent workers to correct the deficiencies. All related costs shall be paid for by the successful bidder either by direct payment or by the State making the payment to the workers and reducing the rent accordingly. Lessor shall provide name and phone number of local point of contact for maintenance service requests.

10. TENANTABILITY: Facilities provided must be tenantable and comply with all laws pertaining to tenantability and the performance of this provision. The Lessor agrees to pay the cost of any building alterations which may be needed for purposes of correcting any casualty damage or any violation of a law cited by a regulatory agency. If the premises or any part thereof are rendered untenantable by casualty or public authority, a proportionate part of the rent, according to the extent of such untenantability, will be abated and suspended until the premises are again made tenantable and restored to their former condition.

If the premises or a substantial part thereof are rendered untenantable and so remain for a period of ten (10) days, the Lessee may, at it’s option, terminate the lease by written notice to the Lessor. This ten (10) day period shall not be so restrictively construed that the Lessee is bound to remain in the leased facility if the Lessee’s business cannot be safely executed. The Lessee’s determination shall be controlling regarding tenantability. If untenantable conditions are determined to exist, the Lessee has the right to move else where.

If the premises are made tenantable again within the ten (10) day period the Lessee will return to the facility.

The Lessee has the right to recover any excess costs, over the abated lease payments, occasioned by relocation due to such untenantable conditions.

{ITB-3/v1/10.16.24} Page 12 of 31

In the event the Lessor fails to correct damage or violation(s) within the ten (10) day period the Lessee will have the right to terminate the lease, or will have the option of hiring competent workers to correct the damage or violation(s). The Lessor will bear the cost of all such labor and materials. The Lessor agrees that damage or violations corrections performed by the Lessee will not be construed to constitute a breach of the terms of this Invitation to Bid and the subsequent lease.

11. PEACEFUL OCCUPANCY: If the State shall pay the rent as provided by the lease issued as a result of this Invitation to Bid and shall keep, observe and perform all of the other covenants of the lease by it to be kept, performed and observed, the State shall and may peaceably and quietly have, hold, and enjoy the premises for the term of such lease.

12. PAYMENT DEFAULT: If the State shall at any time be in default in the payment of rent, or in the performance of any of the terms of the lease issued as a resulted of this Invitation to Bid and shall fail to remedy such default within sixty (60) days after written notice thereof from the successful bidder. It shall be lawful for the successful bidder to enter upon the premises and repossess and enjoy the same as if the lease and everything therein contained on the part of the successful bidder to be done and performed shall cease and terminate without prejudice, however, to the right of the successful bidder to recover from the State all rent due up to the time of such entry. In case of any default and any entry by the successful bidder, the successful bidder may relet the premises for the remainder of the term for the highest rent obtainable and may recover from the State any deficiency between the amount so obtained and rent specified by the lease.

13. EXTENSION: Any holding over after the expiration date of the lease issued as a result of this Invitation to Bid or any extension of rent thereof, shall be construed to be a tenancy from month-month at the same monthly rental and on the terms and conditions as specified by the lease.

14. TERMINATION: The payments of rent by the State are subject to appropriation of funds by the Legislature of the State of Alaska and the lease issued as a result of this Invitation to Bid may be terminated due to lack of such appropriations.

15. DELAYS: Time is of the essence. Delays in completing the building or in installation of the equipment and furnishings by the successful bidder due to unforeseeable causes beyond the control and without fault or neglect of the successful bidder may be excused. Unforeseeable causes may include but are not limited to:

(1) act of God, (2) public enemy, (3) act of the Government or State in either its sovereign or contractual capacity, (4) acts of another contractor in the performance or a contract with the Government or State, (5) fires, (6) floods, (7) epidemics quarantine restrictions, (8) strikes, (9) freight embargoes, (10) unusual severe weather conditions, and (11) delays by subcontractors or suppliers unusual in nature. Notification of such delays must be made to the State’s Contracting Officer in writing within ten (10) days of the commencement of the unforeseeable cause. The State’s Contracting Officer shall ascertain the facts and the extent of delay and the extent of the time for completing the project. The State’s Contracting Officer may approve an extension when, in his/her judgment, the findings of fact justify an extension. This finding of fact thereon shall be final and conclusive, unless the successful bidder shall appeal to the Commissioner of Administration pursuant to AS 36.30.620. If no such appeal to the Commissioner of Administration is taken, the decision of the Contracting Officer shall be final and conclusive.

{ITB-3/v1/10.16.24} Page 13 of 31

Pending final decision on an extension of time hereunder, the successful bidder shall proceed diligently with the performance of the contract. Inability to comply with State, City, or local construction or zoning laws or ordinances or restrictive covenants shall not be regarded as unforeseeable cause. However, if the successful bidder shall acquire the property and interest therein through assignment from the State and the course of such acquisition the successful bidder is unable to comply with such laws or ordinances or restrictive covenants, then the agreement shall become terminated with no further liability on the part of either party unless such laws, ordinances or restrictive covenants are suitably changed or removed.

16. STATE’S RESPONSIBILITIES: The State will: (1) Pay said rent at the times and place to the successful bidder in advance on the first day of each and every month of said term of lease. (2) Pay all utilities (3) Use and occupy the premises in a careful and proper manner. (4) Not use or occupy the premises for any unlawful purposes.

(5) Not use or occupy the premises or permit the same to be occupied for any purpose deemed extra-hazardous on account of fire or otherwise. (6) Make no alterations or additions in or to the premises without the written consent of the successful bidder. (7) Permit the successful bidder to enter upon the premises at all reasonable times to examine the conditions of same.

17. HOLD HARMLESS: The Lessor shall indemnify, save harmless, and defend the State, its officers, agents, and employees, from liability of any nature of kind, including costs and expenses for or on account of any and all suits or damages of any character whatsoever resulting from injuries or damages sustained by any person or persons or property by virtue of any act performed by the Lessor or the Lessor’s agents and employees pursuant to this lease; the Lessor shall also assume all insurable risks and bear any loss or injury to property or persons occasioned by neglect or accident during the tenure of this lease, excepting only sole negligence of the Lessee.

18. INSURANCE: Without limiting contractor’s indemnification, it is agreed that the contractor will 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 will be entitled to coverage to the extent of such higher limits. Certificates of Insurance must be furnished to the contracting officer, which must provide for a 30-day prior notice of cancellation, nonrenewal or material change.

Proof of insurance is required prior to award for the following:

A. WORKER’S COMPENSATION INSURANCE: The contractor shall provide and maintain, for all employees for the contractor engaged in work under this contract, Worker’s Compensation Insurance as required by AS 23.30.045. The contractor will be responsible for Worker’s Compensation Insurance for any Subcontractor who directly or indirectly provides services under this contract. This coverage must include statutory coverage for states in which employees are engaging in work and employer’s liability protection not less than $100,00 per person, $100,00 per occurrence. Where applicable, coverage for all federal acts (i.e. U.S.L. & H. And Jones Acts) must also be included.

Failure to supply satisfactory proof of insurance within the time required will cause the State to declare the bidder nonresponsible and to reject the bid.

{ITB-3/v1/10.16.24} Page 14 of 31

SEC. 2.02 CONTRACT TERM

The length of the contract will be from the date of award, approximately May 1, 2026, through April 30, 2029, with the option to renew for seven additional one-year terms under the same terms and conditions as the original contract. Renewals will be exercised at the sole discretion of the state.

Unless otherwise provided in this ITB, the State and the successful bidder/contractor agree: (1) that any extension of the contract excluding any exercised renewal options, will be considered as a month-to-month extension, and all other terms and conditions shall remain in full force and effect and (2) the procurement officer will provide notice to the contractor of the intent to cancel such month-to-month extension at least 30 days before the desired date of cancellation. A month-to-month extension may only be executed by the procurement officer via a written contract amendment.

SEC. 2.03 CONTRACT TYPE

This contract is a FIRM FIXED PRICE contract.

SEC. 2.04 PAYMENT FOR STATE PURCHASES

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

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

SEC. 2.05 ELECTRONIC PAYMENTS

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

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

SEC. 2.06 CONTRACT ADMINISTRATION

The administration of this contract is the responsibility of the procurement officer or person appointed by the Department of Public Safety, Division of Administrative Services.

SEC. 2.07 CONTRACT PRICE ADJUSTMENTS

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

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

{ITB-3/v1/10.16.24} Page 15 of 31

Consumer Price Index (CPI): Contract prices will remain firm through December 31, 2026.

The Contractor or State may request price adjustments, no sooner than 12 months from the Contract execution date, and no more than once per contract year. 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 fail 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 HALF1 (January through June 2025) (depends on the timing, may be HALF2 for July-December); and each HALF1 (or HALF2) 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.

The Base Monthly Lease Cost is the total monthly lease cost offered in this ITB. The formula is expressed as:

[(35% x Base Monthly Lease Cost) x % change in CPI] + Base Monthly Lease Cost = Adjusted Monthly Lease Cost.

Example: If the base monthly lease cost was $1,000.00 per month, with a 35% variable factor and a 10% change in the CPI, the adjusted lease cost would be computed as follows:

A. [ (35% x $1,000.00) x 10% ] + $1,000.00 = Adjusted Lease Cost B. [350.00 x 10%] + $1,000.00 = Adjusted Lease Cost C. $35.00 + $1,000.00 = $1035.00 (new monthly lease cost)

RETROACTIVE ADJUSTMENTS WILL NOT BE ALLOWED.

All price adjustments must be approved by both the contractor and 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 and signed by the contractor.

{ITB-3/v1/10.16.24} Page 16 of 31

SEC. 2.08 CONTRACT PERFORMANCE LOCATION

The location the work is to be performed, completed, and managed is at Dillingham, Alaska.

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

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

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

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

SEC. 2.09 SUBCONTRACTORS

Subcontractors will not be allowed.

SEC. 2.10 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. 2.11 EQUIPMENT INSPECTION

Equipment offered (including for lease) may be subject to inspection and approval by the state prior to the award of the ITB. The equipment and attachments must be in good repair and capable of performing the work for which they were designed.

SEC. 2.12 CONTRACT CHANGES – UNANTICIPATED AMENDMENTS

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

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

SEC. 2.13 CONTINUING OBLIGATION OF CONTRACTOR

Notwithstanding the expiration date of a contract resulting from this ITB, the contractor is obligated to fulfill its responsibilities until warranty, guarantee, maintenance, and parts availability requirements have completely expired.

{ITB-3/v1/10.16.24} Page 17 of 31

SEC. 2.14 BILLING INSTRUCTIONS

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

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. 2.15 NONDISCLOSURE AND CONFIDENTIALITY

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 facility physical security and electronic security) to prevent unauthorized access by, storage, disclosure, publication, dissemination to 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.).

If confidential information is requested to be disclosed by the contractor pursuant to a request received by a third party and such disclosure of the confidential information is required under applicable state or federal law, regulation, governmental or regulatory authority, the contractor may disclose the confidential information after providing the state with written notice of the requested disclosure ( to the extent such notice to the state is permitted by applicable law) and giving the state opportunity to review the request. If the contractor receives no objection from the state, it may release the confidential information within 30 days. Notice of the requested disclosure of confidential information by the contractor must be provided to the state within a reasonable time after the contractor’s receipt of notice of the requested disclosure and, upon request of the state, shall seek to obtain legal protection from the release of the confidential information.

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.

{ITB-3/v1/10.16.24} Page 18 of 31

SEC. 2.16 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. 2.17 INSURANCE

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

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

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

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

Proof of insurance is required for the following:

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

{ITB-3/v1/10.16.24} Page 19 of 31

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.