RFP_18-804-26.pdf

STATE OF ALASKA – REQUEST FOR PROPOSALS RFP 18-804-26 | OPACITY MONITORING OF CRUISE SHIPS & STATE FERRIES

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STATE OF ALASKA

REQUEST FOR

PROPOSALS (RFP)

OFFERORS ARE NOT REQUIRED TO RETURN THIS FORM

IMPORTANT NOTICE: If you received this solicitation from the state of Alaska’s “Online Public Notice” website, you must register with the procurement officer listed in this document to receive notification of subsequent amendments. Failure to contact the procurement officer may result in the rejection of your offer.

ISSUED BY:

Department of Environmental Conservation Division of Air Quality

PRIMARY CONTACT:

Bryant Trujillo Procurement Specialist III

DECDASProcurement@alaska.gov +1 (907) 269-7929

OPACITY MONITORING OF CRUISE SHIPS & STATE FERRIES

RFP 18-804-26

Issued September 3, 2025

The State of Alaska, Department of Environmental Conservation (DEC), Division of Air Quality is soliciting proposals for opacity monitoring of cruise ships and state ferries operating in state waters during the 2026, 2027, 2028, 2029, and 2030 cruise ship seasons.

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TABLE OF CONTENTS

SECTION 1. INTRODUCTION & INSTRUCTIONS

SEC. 1.01 PURPOSE OF THE RFP

SEC. 1.02 BUDGET

SEC. 1.03 DEADLINE FOR RECEIPT OF PROPOSALS

SEC. 1.04 PRIOR EXPERIENCE

SEC. 1.05 REQUIRED REVIEW

SEC. 1.06 QUESTIONS PRIOR TO THE DEADLINE FOR RECEIPT OF PROPOSALS

SEC. 1.07 RETURN INSTRUCTIONS

SEC. 1.08 ASSISTANCE TO OFFERORS WITH A DISABILITY

SEC. 1.09 AMENDMENTS TO PROPOSALS

SEC. 1.10 AMENDMENTS TO THE RFP

SEC. 1.11 RFP SCHEDULE

SEC. 1.12 PRE-PROPOSAL CONFERENCE

SEC. 1.13 ALTERNATE PROPOSALS

SEC. 1.14 NEWS RELEASES

SECTION 2. BACKGROUND INFORMATION

SEC. 2.01 BACKGROUND INFORMATION

SECTION 3. SCOPE OF WORK & CONTRACT INFORMATION

SEC. 3.01 SCOPE OF WORK

SEC. 3.02 CONTRACT TERM & WORK SCHEDULE

SEC. 3.03 DELIVERABLES

SEC. 3.04 CONTRACT TYPE

SEC. 3.05 PROPOSED PAYMENT PROCEDURES

SEC. 3.06 PROMPT PAYMENT FOR STATE PURCHASES

SEC. 3.07 CONTRACT PAYMENT

SEC. 3.08 CONTRACT PRICE ADJUSTMENTS

SEC. 3.09 LOCATION OF WORK

SEC. 3.10 SUBCONTRACTORS

SEC. 3.11 JOINT VENTURES

SEC. 3.12 RIGHT TO INSPECT PLACE OF BUSINESS

SEC. 3.13 F.O.B. POINT

SEC. 3.14 CONTRACT PERSONNEL

SEC. 3.15 INSPECTION & MODIFICATION - REIMBURSEMENT FOR UNACCEPTABLE DELIVERABLES

SEC. 3.16 CONTRACT CHANGES - UNANTICIPATED AMENDMENTS

SEC. 3.17 NONDISCLOSURE & CONFIDENTIALITY

SEC. 3.18 INDEMNIFICATION

SEC. 3.19 INSURANCE REQUIREMENTS

SEC. 3.20 TERMINATION FOR DEFAULT

SECTION 4. PROPOSAL FORMAT & CONTENT

SEC. 4.01 RFP SUBMITTAL FORMS

SEC. 4.02 SPECIAL FORMATTING REQUIREMENTS

SEC. 4.03 OFFEROR INFORMATION & CERTIFICATIONS (SUBMITTAL FORM A)

SEC. 4.04 EXPERIENCE & QUALIFICATIONS (SUBMITTAL FORM B)

SEC. 4.05 UNDERSTANDING OF THE PROJECT (SUBMITTAL FORM C)

SEC. 4.06 METHODOLOGY USED FOR THE PROJECT (SUBMITTAL FORM D)

SEC. 4.07 MANAGEMENT PLAN FOR THE PROJECT (SUBMITTAL FORM E)

SEC. 4.08 SUBCONTRACTORS (SUBMITTAL FORM F)

SEC. 4.09 COST PROPOSAL (SUBMITTAL FORM G)

SECTION 5. EVALUATION CRITERIA & CONTRACTOR SELECTION

SEC. 5.01 SUMMARY OF EVALUATION PROCESS

SEC. 5.02 EVALUATION CRITERIA

SEC. 5.03 SCORING METHOD & CALCULATION

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SEC. 5.04 EXPERIENCE & QUALIFICATIONS

SEC. 5.05 UNDERSTANDING OF THE PROJECT

SEC. 5.06 METHODOLOGY USED FOR THE PROJECT

SEC. 5.07 MANAGEMENT PLAN FOR THE PROJECT

SEC. 5.08 CONTRACT COST (COST PROPOSAL)

SEC. 5.09 ALASKA OFFEROR PREFERENCE

SECTION 6. GENERAL PROCESS & LEGAL INFORMATION

SEC. 6.01 INFORMAL DEBRIEFING

SEC. 6.02 ALASKA BUSINESS LICENSE & OTHER REQUIRED LICENSES

SEC. 6.03 SITE INSPECTION

SEC. 6.04 CLARIFICATION OF OFFERS

SEC. 6.05 DISCUSSIONS WITH OFFERORS

SEC. 6.06 EVALUATION OF PROPOSALS

SEC. 6.07 CONTRACT NEGOTIATION

SEC. 6.08 FAILURE TO NEGOTIATE

SEC. 6.09 OFFEROR NOTIFICATION OF SELECTION

SEC. 6.10 PROTEST

SEC. 6.11 APPLICATION OF PREFERENCES

SEC. 6.12 ALASKA BIDDER PREFERENCE

SEC. 6.13 ALASKA VETERAN PREFERENCE

SEC. 6.14 ALASKA MILITARY SKILLS PROGRAM PREFERENCE

SEC. 6.15 STANDARD CONTRACT PROVISIONS

SEC. 6.16 QUALIFIED OFFERORS

SEC. 6.17 PROPOSAL AS PART OF THE CONTRACT

SEC. 6.18 ADDITIONAL TERMS & CONDITIONS

SEC. 6.19 HUMAN TRAFFICKING

SEC. 6.20 RIGHT OF REJECTION

SEC. 6.21 STATE NOT RESPONSIBLE FOR PREPARATION COSTS

SEC. 6.22 DISCLOSURE OF PROPOSAL CONTENTS

SEC. 6.23 ASSIGNMENT

SEC. 6.24 FORCE MAJEURE (IMPOSSIBILITY TO PERFORM)

SEC. 6.25 DISPUTES

SEC. 6.26 SEVERABILITY

SEC. 6.27 SUPPLEMENTAL TERMS & CONDITIONS

SEC. 6.28 SOLICITATION ADVERTISING

SEC. 6.29 FEDERALLY IMPOSED TARIFFS

SECTION 7. ATTACHMENTS

SEC. 7.01 ATTACHMENTS

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SECTION 1. INTRODUCTION & INSTRUCTIONS

SEC. 1.01 PURPOSE OF THE RFP

The State of Alaska, Department of Environmental Conservation (DEC), Division of Air Quality is soliciting proposals for opacity monitoring of air emissions from cruise ships and state ferries operating in state waters during the 2026, 2027, 2028, 2029, and 2030 cruise ship seasons.

Deadline for receipt of proposals: No later than 1:00 p.m. prevailing Alaska Daylight Time (AKDT) on Friday, September 24, 2025, as indicated by email time stamp. Late proposals will not be considered.

The length of the contract: From the date of award, November 1, 2025, for one (1) year until completion on October 31, 2026, with four (4) one-year renewal options to be executed at the State’s discretion.

SEC. 1.02 BUDGET

The Division of Air Quality estimates a budget of no more than $350,000.00 for the performance and completion of this project. Proposals priced at more than $350,000.00 will be considered non-responsive.

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

SEC. 1.03 DEADLINE FOR RECEIPT OF PROPOSALS

Proposals must be received no later than 1:00 p.m. prevailing Alaska Daylight Time (AKDT) on Friday, September 24, 2025, as indicated by email timestamp, and late proposals will not be considered.

SEC. 1.04 PRIOR EXPERIENCE

In order for proposals to be considered responsive, offerors must meet these minimum prior experience requirements:

• MINIMUM REQUIREMENT 1: For the purposes of this RFP, the offeror shall have a minimum of one member with at least three (3) years of experience with logistics to Alaskan ports and/or work conditions revolving around inclement weather and environmental conditions revolving around cruise ship and/or state ferries arrivals and departures.

• MINIMUM REQUIREMENT 2: For the purposes of this RFP, the offeror shall have a minimum of one member with at least three (3) years of experience conducting opacity monitoring using United States (US) Environmental Protection Agency (EPA) Reference Method 9. The offeror must submit copies of the most recent Method 9 certification and provide at least two (2) examples of previous Method 9 readings conducted by, at a minimum, one (1) individual employed by the offeror. The offeror should demonstrate experience performing opacity readings of cruise ships or state ferries.

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• MINIMUM REQUIREMENT 3: For the purposes of this RFP, the offeror shall demonstrate that each member of the offeror’s team conducting independent opacity readings shall have at least one (1) week’s worth – a minimum of 37.5 hours – of any combination of training and experience conducting opacity monitoring using US EPA Reference Method 9 in Alaskan cruise ship and/or state ferry ports. Supporting documentation must be provided prior to the member conducting independent opacity readings. Please note that Method 9 readings conducted as a component of Method 9 field certification classes may not be invoiced for compensation.

An offeror must identify and provide the resume for each person chosen to fill the above requirements in its project and/or management team within the proposal.

Any change in the project and management team member or subcontractor names in an offeror’s proposal, or as provided upon completion of recruitment, must be submitted to the DEC project manager and approved in advance of beginning in the proposed role. Personnel changes made by the contractor that are not approved by the DEC project manager may be grounds for termination of the contract.

Proposals shall also include an organizational chart that names the positions assigned to accomplish the requirements herein, including an illustration of the lines of authority and a designation of which position is responsible and accountable for performing each task and deliverable as set forth in the Scope of Work.

An offeror's failure to meet these minimum prior experience requirements may result in their proposal being considered non-responsive and rejected.

SEC. 1.05 REQUIRED REVIEW

Offerors should carefully review this solicitation for defects and questionable or objectionable material. Comments concerning defects and questionable or objectionable material should be made in writing and received by the procurement officer at least ten days before the deadline for receipt of proposals. This will allow time for the issuance of any necessary amendments. It will also help prevent the opening of a defective proposal and exposure of the offeror's proposals upon which an award could not be made.

SEC. 1.06 QUESTIONS PRIOR TO THE DEADLINE FOR RECEIPT OF PROPOSALS

All questions must be in writing and directed to the procurement officer. The interested party must confirm telephone conversations in writing.

Two (2) types of questions generally arise. One may be answered by directing the questioner to a specific section of the RFP. These questions may be answered over the telephone. Other questions may be more complex and may require a written amendment to the RFP. The procurement officer will make that decision.

• Bryant Trujillo, Procurement Specialist III Department of Environmental Conservation Division of Administrative Services

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555 Cordova Street Anchorage, Alaska 99501 Email: DECDASProcurement@alaska.gov

SEC. 1.07 RETURN INSTRUCTIONS

Do not hand deliver or use U.S. mail or any delivery service to return your technical and cost proposals.

Oral proposals or faxed proposals are not acceptable. Please send the proposal package(s) via email. The technical proposal and cost proposal must be saved as separate PDF documents and emailed to DECDASPROCUREMENT@ALASKA.GOV as separate, clearly labeled attachments, such as “Vendor A – Technical Proposal.pdf” and “Vendor A – Cost Proposal.pdf.” The email must contain the RFP number in the subject line.

The maximum size of a single email, including all text and attachments, the state can receive is 20 megabytes. If the email containing the proposal exceeds this size, the proposal 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 proposal, if you are emailing your proposal, the state recommends sending it ahead of time to ensure the email is delivered by the deadline for receipt of proposals.

It is the offeror’s responsibility to contact the issuing agency via email at DECDASPROCUREMENT@ALASKA.GOV to confirm that the proposal has been received. The state is not responsible for unreadable, corrupt, or missing attachments.

SEC. 1.08 ASSISTANCE TO OFFERORS WITH A DISABILITY

Offerors with a disability may receive accommodation regarding the means of communicating this and subsequent requests resulting from this RFP or participating in the procurement process. For more information, contact the procurement officer no later than ten (10) days prior to the deadline for receipt of proposals.

One such resource is the Alaska Relay Service, a free service that provides full telephone accessibility to people who are deaf, hard-of-hearing, or speech-disabled persons who can hear.

This service allows text-telephone (TTY) or assistive equipment users to communicate with standard (voice) telephone users through specially trained Communication Assistants. Callers should provide the Alaska Relay Service with the specific phone number they wish to call. More information can be found at the following hyperlink: https://alaskarelay.com/.

SEC. 1.09 AMENDMENTS TO PROPOSALS

Amendments to or withdrawals of proposals will only be allowed if acceptable requests are received prior to the deadline that is set for receipt of proposals. No amendments or withdrawals mailto:DECDASProcurement@alaska.gov https://alaskarelay.com/

STATE OF ALASKA – REQUEST FOR PROPOSALS RFP 18-804-26 | OPACITY MONITORING OF CRUISE SHIPS & STATE FERRIES

RFP 18-804-26 | Page 7 of 39 will be accepted after the deadline unless they are in response to the state's request in accordance with 2 AAC 12.290.

SEC. 1.10 AMENDMENTS TO THE RFP

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

After receipt of proposals, if there is a need for any substantial clarification or material change in the RFP, an addendum will be issued. The addendum will incorporate the clarification or change, and a new date and time will be established for new or amended proposals. Evaluations may be adjusted as a result of receiving new or amended proposals.

SEC. 1.11 RFP SCHEDULE

The RFP schedule set out herein represents the state’s best estimate of the schedule that will be followed. If a component of this schedule, such as the deadline for receipt of proposals, is delayed, the rest of the schedule may be shifted accordingly. All times are Alaska Daylight Time (AKDT).

ACTIVITY TIME DATE

Issue Date / RFP Released September 3, 2025

Deadline for Receipt of Proposals / Proposal Due Date 1:00 p.m. September 24, 2025

Proposal Evaluations Complete Approximately the week of September 29, 2025

Notice of Intent to Award (NOIA) Approximately the week of September 29, 2025

Contract Issued Approximately the week of October 13, 2025

This RFP 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 Environmental Conservation or the Commissioner's designee. Upon written notice to the contractor, the state may set a different starting date for the contract. The state will not be responsible for any work done by the contractor, even work done in good faith, if it occurs prior to the contract start date set by the state.

SEC. 1.12 PRE-PROPOSAL CONFERENCE

This section is not applicable as a pre-proposal conference/teleconference will not be held.

SEC. 1.13 ALTERNATE PROPOSALS

Offerors may only submit one proposal for evaluation. In accordance with 2 AAC 12.830, alternate proposals – proposals that offer something different than what is asked for – will be rejected.

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SEC. 1.14 NEWS RELEASES

News releases related to this RFP will not be made without prior approval of the project director.

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SECTION 2. BACKGROUND INFORMATION

SEC. 2.01 BACKGROUND INFORMATION

The services requested by this RFP are governed by Alaska Statutes (AS) AS 46.03.020, AS 46.14.010, AS 46.14.030, AS 46.03.488, and Alaska Administrative Code (AAC) 18 AAC 50.070 – Marine vessel visible emission standards.

The DEC uses US EPA Reference Method 9 to measure the opacity of visible air emissions from cruise ships and state ferries to determine if regulatory limits are met. The Air Quality Compliance Program determines compliance with the Marine Vessel Visible Emission Standard listed in 18 AAC

50.070. Visible emission readers, also known as opacity readers, are trained and certified using Method 9. Method 9 is used to monitor air emission opacity from particulate matter exiting the ship stacks when ships are docked or anchored.

Marine vessels generate air emissions from the use of fuels to produce power and heat, which in turn provide propulsion and support the operation of the ship. Diesel engines are commonly used to provide propulsive and electrical power on ships. Boilers are used to heat water and fuel. Some ships have incinerators installed for the burning of waste. Burning of fuel produces pollutants, acids, and particles that have the potential to be hazardous to human health. Cruise ships do not need to generate power for propulsion while docked, but need a significant amount of power for the “hotel loads,” including electricity, heating, and other activities onboard. The power generated in port for passenger vessels is higher compared with other ships.

Since 2000, with the assistance of a contractor, the DEC has typically completed between 200 and 500 opacity readings per year on cruise ships and state ferries in Alaska’s ports. Due to weather conditions and travel to ports, opportunities to perform the readings in Alaska are challenging.

However, working closely with the opacity contractors, DEC obtains quality readings that provide a good overview of the opacity performance of cruise ships and state ferries.

The State of Alaska receives fees from commercial passenger vessel operators (AS 46.03.480) to support passenger vessel environmental compliance monitoring. A portion of these funds is used to fund and implement the opacity monitoring contract. This portion is intended to fund the project from fiscal years 2026 through 2031, provided that DEC receives an appropriation from the legislature.

Information on the Marine Vessel Visible Emissions Standards and time exceptions can be found at https://dec.alaska.gov/media/b1kj1lr4/18-aac-50.pdf.

https://dec.alaska.gov/media/b1kj1lr4/18-aac-50.pdf

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SECTION 3. SCOPE OF WORK & CONTRACT INFORMATION

SEC. 3.01 SCOPE OF WORK

The offeror awarded the contract resulting from this RFP shall perform visible emission readings on cruise ships and state ferries in accordance with the laws and regulations of the State of Alaska for the next five (5) cruise ship seasons, 2026 through 2030, on behalf of DEC’s Division of Air Quality Compliance Program. All work shall be consistent with the Scope of Work herein and applicable to state and federal regulations.

The contractor shall observe the opacity of visible emissions from cruise ships and state ferries in Alaska. The contractor shall observe and document the visible emissions in accordance with the requirements set forth in 40 CFR 60 Appendix A and EPA Reference Method 9 to determine compliance with the state opacity standards in 18 AAC 50.070. DEC only requires one (1) person to perform each reading. The Method 9 Marine Vessel Visible Emissions Observations Form will be made available from DEC’s Compliance Program at the beginning of each cruise ship season.

The contractor shall manage the opacity monitoring of cruise ships and state ferries for the entire term of the contract. The contractor shall perform all management tasks associated with the performance of the contract from this RFP.

For the duration of the contract resulting from this RFP, any conflicting technical requirements will be resolved in negotiation with the DEC project manager. Any changes to the schedules or tasks must be addressed in writing and approved by mutual agreement of the parties.

Each of the subsections within the Scope of Work includes a description of the requirements, duties of the Department, duties of the contractor, and deliverables. All documents provided to DEC as deliverables will be provided in the manner and format as requested by the Department.

Opacity Monitoring & Schedule

The contractor shall develop and implement a monitoring schedule as outlined herein and submit it to the DEC project manager for approval. DEC anticipates between 225 and 500 opacity readings per cruise ship season. For the purpose of this RFP, the three (3) busiest cruise ship ports in Alaska are defined by the number of large cruise ships scheduled to make port calls in 2025:

• Juneau (692),

• Ketchikan (623), and

• Skagway (509).

During each annual cruise ship season, approximately from April 1st through October 31st, the contractor shall:

1. Perform opacity readings while a cruise ship or state ferry is docked or anchored.

2. Provide for a minimum of 225 opacity readings per cruise ship season.

3. Conduct opacity readings within Alaska’s cruise ship ports. In 2025, the three (3) busiest ports were Juneau, Ketchikan, and Skagway. A maximum of 160 opacity readings per cruise ship

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RFP 18-804-26 | Page 11 of 39 season shall be taken in a single cruise ship port. Opacity readings shall be spread across each season as evenly as possible to provide for consistent monitoring in Alaska’s cruise ship ports.

4. The contractor shall provide opacity readings to DEC no less than once per week, unless:

a. Approved by the DEC project manager. In the event of extenuating circumstances, such as but not limited to emergencies or illness, that may prevent monitoring, the contractor shall make all reasonable efforts to inform the DEC project manager of these circumstances for approval.

b. Traveling to and from ports to conduct opacity monitoring.

5. Perform opacity readings in Alaska’s ports in a manner that provides cost-efficient monitoring of cruise ship opacity in affected communities.

6. Upon approval of the DEC project manager, the contractor shall perform opacity readings outside of Alaska’s three (3) busiest ports no less than three (3) and no more than 12 times per season at the discretion of DEC’s program manager.

7. Perform opacity readings of each large cruise ship with at least three (3) port calls in Alaska’s three (3) busiest cruise ship ports, in any combination, at least once per season.

8. Make reasonable efforts to provide opacity readings of each small cruise ship and state ferry with at least three (3) voyages, and every large cruise ship. For purposes of this contract, a large cruise ship has an overnight passenger capacity of 250 persons or more. A small cruise ship has a passenger capacity of 249 persons or fewer. State ferries include mainline vessels and day boat/shuttle ferries. DEC will provide an annual list of registered ships, including the passenger capacity, the number of voyages, the approximate stack height, and the number of main stacks.

9. Opacity readings must not occur on the same stack on the same vessel in succession to each other.

Each member of the contractor’s team conducting independent opacity readings shall have at least one (1) week’s worth – a minimum of 37.5 hours – of any combination of training and experience conducting opacity monitoring using US EPA Reference Method 9 in Alaskan cruise ship and/or state ferry ports. Supporting documentation must be provided prior to the member conducting independent opacity readings. Please note that Method 9 readings conducted as a component of Method 9 field certification classes may not be invoiced for compensation.

DEC expects the contractor to be aware of reading conditions, travel demands, seasonal inclement weather, and vessel schedules in order to achieve maximum monitoring efficiency. The contractor’s ability to satisfy the anticipated monitoring may be affected by these and other elements outside the contractor’s control. Therefore, expectations may differ from actual results.

However, the contractor shall perform its duties efficiently in order to obtain the maximum possible opacity readings under inclement weather and potential schedule changes. A list of the scheduled port calls is available at the Cruise Line Agencies of Alaska website: https://claalaska.com/. DEC will make reasonable efforts to provide the contractor with current schedules. Sometimes, ship schedules may change during the cruise season, and these changes are not always included in the published schedules.

The offeror shall describe in its proposal how it will accomplish this subsection. A successful offeror will describe awareness of weather and travel conditions in Alaska and how to mitigate any https://claalaska.com/

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RFP 18-804-26 | Page 12 of 39 negative impact on the schedule to best ensure the efficiency of the services provided by the contractor.

Consultation & Communication

The contractor shall perform or provide the following:

1. Attend an annual pre-season meeting. At the discretion of the DEC project manager, the pre-season meeting will be held either at the DEC office, located at 410 Willoughby Avenue in Juneau, Alaska, or via teleconference.

2. Consult with the DEC project manager monthly, in person or by teleconference.

3. Opacity readers to be available to the state as a witness for up to ten (10) hours per year over the life of the contract with no additional compensation.

4. Opacity readers to be available to the state as a witness for time in excess of ten (10) hours per year at a rate of no more than $100.00 per hour.

Project Management

Any change in the project and management team member or subcontractor must be submitted to the DEC project manager and approved in advance of beginning in the proposed role. Personnel changes made by the contractor that are not approved by the DEC project manager may be grounds for termination of the contract.

A pre-season meeting shall be held annually between DEC and the contractor no later than May 1st of each monitoring season. The location for all pre-season meetings will be at the DEC office in Juneau or via teleconference at the discretion of the DEC project manager. The DEC project manager will notify the contractor of the exact scheduled date.

The following topics will be discussed during the pre-season meetings:

1. The contractor shall identify all field personnel and team roles.

2. DEC will provide guidance on opacity reading locations, notation, and other specifics. The contractor shall follow the procedures and requirements outlined in the US EPA Reference Method 9 and the EPA Quality Assurance Handbook for Air Pollution Measurement Systems.

3. DEC will provide guidance on document naming conventions, document and other material submittals, and other specifics as needed.

4. A communication procedure for the cruise ship season with the identity and role of key participants, expectations, contact information, methods of communication, and a meeting schedule. The communication procedure will be updated as necessary.

Prior to the pre-season meeting, the contractor shall:

1. Provide resumes and documentation showing current EPA Reference Method 9 certification for all field personnel for DEC’s review. Field personnel conducting readings must maintain valid Method 9 certification during each cruise ship season covered by the contract. The contractor shall provide DEC a copy of each new certification for each field personnel throughout the life

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RFP 18-804-26 | Page 13 of 39 of the contract. Any changes to field personnel, their certifications, or their roles within the team shall be communicated to DEC as soon as practicable.

2. Provide a preliminary schedule of the intended reading locations (ports) during the season with potential travel dates.

On a regular basis, the contractor shall:

1. Provide a status report of monitoring schedules for each cruise ship season. Updated schedules shall be provided as needed.

2. Contact DEC and provide the status/progress made towards opacity reading volume with a target of 225 opacity readings per season, upcoming travel, and updated strategies to ensure opacity reading volume will be met.

SEC. 3.02 CONTRACT TERM & WORK SCHEDULE

The length of the contract will be from the date of award, November 1, 2025, for approximately one

(1) year until completion on October 31, 2026, with four (4) one-year renewal options to be executed at the State’s discretion.

Unless otherwise provided in this RFP, the State and the successful offeror/contractor agree that

1. 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. 3.03 DELIVERABLES

The contractor will be required to provide the following deliverables:

The contractor shall perform the visible emission readings using the approved Visible Emission Observation (VEO) form as follows:

• If visible emission readings are at or below 15% opacity, then 18 minutes of readings shall suffice.

• If any visible emission readings are between 15% and 30%, then 30 minutes of readings shall suffice.

• If any visible emission readings are at or above 30%, then 67 minutes of readings shall suffice.

The contractor shall provide reports that meet the following requirements:

1. No less than once a week, the contractor shall submit all VEO forms conducted the previous week to DEC. The VEO forms must be completed in accordance with EPA Reference Method 9, and each VEO form must include a map on a separate page that shows the location of the observer in relation to the vessel at the time of the reading and the vessel’s approximate position. The VEO forms and maps must be submitted in .pdf format.

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2. The contractor shall provide digital photographs and/or videos of the source of emissions during each VEO event. At least one (1) photo per VEO event shall be provided. Additional photographs and at least one (1) minute video shall be provided for any 67-minute VEO event. The contractor shall also make attempts to photograph or video any unusual events or opacity more than 30% that occur during the reading, as practicable. The contractor shall provide these photographs and videos with each VEO form and map submittal. The contractor shall provide additional photographs and videos upon request from DEC. The photographs must be submitted in .jpg format, while the videos must be submitted in .mp4 or .mov format.

3. Any VEO event with a single observation that exceeds 25% opacity must be submitted as soon as practicable, but not to exceed 24 hours.

4. By no later than October 31st of each year, the contractor shall submit an annual report electronically containing a summary of the observations taken during each season. The report shall include a list and numbering of the performed opacity readings, including the date, vessel name, vessel location, and the start and end times of the opacity readings. For the purpose of numbering, each VEO event, regardless of its duration (18 minutes, 30 minutes, or 67 minutes), must be considered a single event. The contractor shall also provide recommendations and resolutions that occurred during the season. The annual report must be submitted in .pdf format.

SEC. 3.04 CONTRACT TYPE

The contract resulting from this solicitation will be a Firm-Fixed-Price (FFP) contract.

SEC. 3.05 PROPOSED PAYMENT PROCEDURES

The state will make payments based on a negotiated payment schedule. Each billing must consist of an invoice and a progress report. No payment will be made until the progress report and the invoice have been approved by the project director.

SEC. 3.06 PROMPT PAYMENT FOR STATE PURCHASES

This section is not applicable as the state will not be pursuant of a prompt payment discount.

SEC. 3.07 CONTRACT PAYMENT

No payment will be made until the contract is approved by the Commissioner of the Department of Environmental Conservation 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.

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Any single contract payment of $1,000,000 or higher must be accepted by the contractor via Electronic Funds Transfer (EFT).

SEC. 3.08 CONTRACT PRICE ADJUSTMENTS

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 thirty (30) days prior to the contract renewal date.

a. If the Contractor or State fails to request a CPI price adjustment thirty (30) days prior to the Contract renewal date, the adjustment will be effective thirty (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 202X) (depending on the timing, it may be HALF2 for July through 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.

SEC. 3.09 LOCATION OF WORK

The location(s) where the work is to be performed, completed, and managed will be statewide, primarily within Alaska’s three busiest cruise ship ports, but shall also occur at any of Alaska’s other ports.

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

The contractor should include in their price proposal: transportation, lodging, and per diem costs sufficient to pay for no less than three and no more than twelve trips per season to any of Alaska’s three busiest cruise ship ports or other ports.

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

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

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

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

SEC. 3.10 SUBCONTRACTORS

Subcontractors may be used to perform work under this contract. If an offeror intends to use subcontractors, the offeror must complete the Submittal Form identified in Section 4.02 of this

RFP.

An offeror’s failure to provide this information with their proposal may cause the state to consider their proposal non-responsive and reject it.

Subcontractor experience shall be considered in determining whether the offeror meets the requirements set forth in SEC. 1.04 PRIOR EXPERIENCE.

If a proposal with subcontractors is selected, the offeror must provide the following information concerning each prospective subcontractor within five working days from the date of the state’s request:

• complete name of the subcontractor;

• complete address of the subcontractor;

• type of work the subcontractor will be performing;

• percentage of work the subcontractor will be providing; and

• evidence that the subcontractor holds a valid Alaska business license.

If a subcontractor on the list will be performing work within Alaska and does not have a valid Alaska business license at the close of the RFP, the Offeror may not use the subcontractor in the performance of the contract and shall replace the subcontractor with a subcontractor who had a valid Alaska business license at the close of the RFP.

• a written statement, signed by each proposed subcontractor, that clearly verifies that the subcontractor is committed to rendering the services required by the contract.

An offeror’s failure to provide this information within the time set will cause the state to consider their proposal non-responsive and reject it. The substitution of one subcontractor for another that has already been approved may be made only at the discretion and prior written approval of the project director.

Note that if the subcontractor will not be performing work within Alaska, they will not be required to hold an Alaska business license.

SEC. 3.11 JOINT VENTURES

Joint ventures are acceptable. If submitting a proposal as a joint venture, the offeror must submit a copy of the joint venture agreement, which identifies the principals involved and their rights and responsibilities regarding performance and payment.

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SEC. 3.12 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. 3.13 F.O.B. POINT

All goods purchased through this contract will be free on board (F.O.B.) final destination. Unless specifically stated otherwise, all prices offered must include the delivery costs to any location within the State of Alaska.

SEC. 3.14 CONTRACT PERSONNEL

Any change of the project team members or subcontractors named in the proposal must be approved in advance and in writing by the project director and the procurement officer. Changes that are not approved by the state may be grounds for the state to terminate the contract.

SEC. 3.15 INSPECTION & MODIFICATION - REIMBURSEMENT FOR

UNACCEPTABLE DELIVERABLES

The contractor is responsible for the completion of all work set out in the contract. All work is subject to inspection, evaluation, and approval by the project director. The state may employ all reasonable means to ensure that the work is progressing and being performed in compliance with the contract. The project director or procurement officer 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 work received) and may seek associated damages.

SEC. 3.16 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 project director 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 any required state approvals necessary for the amendment and issued a written contract amendment, approved by the Commissioner of the Department of Environmental Conservation or the Commissioner’s designee.

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SEC. 3.17 NONDISCLOSURE & CONFIDENTIALITY

The contractor agrees that all confidential information shall be used only for the purposes of providing the deliverables and performing the services specified herein and shall not disseminate or allow the dissemination of confidential information except as provided 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 confidential information. “Reasonable care” means compliance by the contractor with all applicable federal and state laws, 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 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 is 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 a subpoena or other legal process and which as a result becomes lawfully obtainable by the general public.

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SEC. 3.18 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. 3.19 INSURANCE REQUIREMENTS

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 beginning work 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.

• 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 claim.

• 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 claim.

• Professional Liability Insurance: covering all errors, omissions, or negligent acts in the performance of professional services under this agreement. Limits required per the following schedule:

Contract Amount Minimum Required Limits $100,000 to $499,000 $500,000 per Claim/Annual Aggregate

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SEC. 3.20 TERMINATION FOR DEFAULT

a. If the Project Director or Procurement Officer determines that the contractor has refused to perform the work or has failed to perform the work with such diligence as to ensure its timely and accurate completion, the state may, by providing written notice to the contractor, terminate the contractor's right to proceed with part or all the remaining work.

b. The Procurement Officer may also, by written notice, terminate this contract under Administrative Order 352 if the contractor supports or participates in a boycott of the State of Israel.

This clause does not restrict the state's termination rights under the contract provisions of Appendix A, attached in SECTION 7. ATTACHMENTS.

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SECTION 4. PROPOSAL FORMAT & CONTENT

SEC. 4.01 RFP SUBMITTAL FORMS

This RFP contains Submittal Forms, which the offeror must complete and submit as part of their proposal. Offerors must provide Submittal Forms B, C, D, E, and F (if applicable) on their own documents, in .pdf format, with company letterhead.

Unless otherwise specified in this RFP, the Submittal Forms shall be the offeror’s entire proposal.

Do not include any marketing information in the…