RFP 2025-1200-0345.pdf

STATE OF ALASKA

REQUEST FOR

PROPOSALS

OFFERORS ARE NOT REQUIRED TO RETURN THIS FORM.

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 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 PUBLIC SAFETY

DIVISION OF ADMINISTRATIVE SERVICES

PRIMARY CONTACT:

KELLY PAHLAU

PROCUREMENT OFFICER

KELLY.PAHLAU@ALASKA.GOV

(907) 269-8493

ALUMINUM SKIFF BUILD

RFP 2025-1200-0345

ISSUED APRIL 18, 2025

FABRICATION OF AN ALUMINUM PATROL SKIFF FOR USE IN DUTCH HARBOR, ALASKA

TABLE OF CONTENTS

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 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 ALTERNATE PROPOSALS

SEC. 1.13 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 PROOF OF CONTRACTOR QUALIFICATION

SEC. 3.03 CONTRACT TERM AND WORK SCHEDULE

SEC. 3.04 DELIVERABLES

SEC. 3.05 QUALITY OF VESSEL DESIGN

SEC. 3.06 QUALITY OF FABRICATION AND INSTALLATION

SEC. 3.07 QUALITY OF EQUIPMENT AND COMPONENTS

SEC. 3.08 CONTRACT TYPE

SEC. 3.09 PROPOSED PAYMENT PROCEDURES

SEC. 3.10 CONTRACT PAYMENT

SEC. 3.11 LOCATION OF WORK

SEC. 3.12 SUBCONTRACTORS

SEC. 3.13 JOINT VENTURES

SEC. 3.14 RIGHT TO INSPECT PLACE OF BUSINESS

SEC. 3.15 F.O.B. POINT

SEC. 3.16 CONTRACT PERSONNEL

SEC. 3.17 INSPECTION & MODIFICATION - REIMBURSEMENT FOR UNACCEPTABLE DELIVERABLES

SEC. 3.18 CONTRACT CHANGES - UNANTICIPATED AMENDMENTS

SEC. 3.19 NONDISCLOSURE AND CONFIDENTIALITY

SEC. 3.20 INDEMNIFICATION

SEC. 3.21 INSURANCE REQUIREMENTS

SEC. 3.22 TERMINATION FOR DEFAULT

SECTION 4. PROPOSAL FORMAT AND CONTENT

SEC. 4.01 INTRODUCTION

SEC. 4.02 PROPOSAL CONTENTS

SEC. 4.03 EXPERIENCE AND QUALIFICATIONS

SEC. 4.04 CONSTRUCTION DESIGN PLAN

SEC. 4.05 COST PROPOSAL

SEC. 4.06 EVALUATION CRITERIA

SECTION 5. EVALUATION CRITERIA AND CONTRACTOR SELECTION

SEC. 5.01 SUMMARY OF EVALUATION PROCESS

SEC. 5.02 EVALUATION CRITERIA

SEC. 5.03 SCORING METHOD AND CALCULATION

SEC. 5.04 EXPERIENCE AND QUALIFICATIONS (15%)

SEC. 5.05 CONSTRUCTION DESIGN PLAN (15%)

SEC. 5.06 CONTRACT COST (60%)

SEC. 5.07 ALASKA OFFEROR PREFERENCE (10%)

SECTION 6. GENERAL PROCESS AND LEGAL INFORMATION

SEC. 6.01 INFORMAL DEBRIEFING

SEC. 6.02 ALASKA BUSINESS LICENSE AND 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 AND 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 AND CONDITIONS

SEC. 6.28 SOLICITATION ADVERTISING

SEC. 6.29 FEDERALLY IMPOSED TARIFFS

SECTION 7. ATTACHMENTS

SEC. 7.01 ATTACHMENTS

INTRODUCTION & INSTRUCTIONS

SEC. 1.01 PURPOSE OF THE RFP

The Department of Public Safety, Division of Administrative Services, on behalf of the Alaska Wildlife Troopers – Vessel Section, is soliciting proposals for the fabrication of an aluminum skiff for patrol use.

SEC. 1.02 BUDGET

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 4:00pm prevailing Alaska Standard Time on May 9, 2025 as indicated by the email timestamp, and late proposals will not be considered.

SEC. 1.04 PRIOR EXPERIENCE

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

• The offeror must demonstrate that they have successfully completed a minimum of five vessels of similar design

• The offeror must demonstrate they have more than five years of experience in aluminum vessel fabrication

• The offeror must provide welding qualifications for the persons welding the vessel

• The offeror must demonstrate the vessel can be fully designed, engineered, and modeled in 3D

• The offeror must have a suitable fabrication facility that is both sheltered and heated.

To provide proof of prior experience, offerors must provide a project summary from two projects completed within the past five years in Section 4.03 Experience and Qualifications, at minimum.

Additional evidence of qualification may be requested per Sec 3.02. An offeror's failure to meet these minimum prior experience requirements will cause their proposal to be 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 offeror's proposals upon which award could not be made.

SEC. 1.06 QUESTIONS PRIOR TO 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 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.

PROCUREMENT OFFICER: Kelly Pahlau – 907-269-8493 | kelly.pahlau@alaska.gov

SEC. 1.07 RETURN INSTRUCTIONS

Proposal must be submitted via email, with the technical proposal and cost proposal saved as separate PDF documents and emailed to das.dps.solicitations@alaska.gov as separate, clearly labeled attachments, such as “Vendor A – Technical Proposal.pdf” and “Vendor A – Cost Proposal.pdf” (Vendor A is the name of the offeror). The email must contain the RFP number in the subject line.

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 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 with enough 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 at (907) 269-8493 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 RFP or participating in the procurement process. For more information, contact the procurement officer no later than ten days prior to the deadline for receipt of proposals.

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 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 amendment is issued before the deadline for receipt of proposals, 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 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 amendment will be issued. The amendment will incorporate the clarification or change, and a new date and time established for new or amended proposals. Evaluations may be adjusted as a result of receiving new or amended proposals.

SEC. 1.11 RFP SCHEDULE

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 Standard Time.

ACTIVITY DATE

Issue Date / RFP Released April 18, 2025 Deadline for Receipt of Proposals / Proposal Due Date May 9, 2025 Proposal Evaluations Complete The week of May 12, 2025 Notice of Intent to Award The week of May 12, 2025 Contract Issued Approx. May 27, 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 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 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.

SEC. 1.13 NEWS RELEASES

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

SECTION 2. BACKGROUND INFORMATION

SEC. 2.01 BACKGROUND INFORMATION

Operational Area: Southwest Alaska

Since statehood, the Department of Public Safety (DPS) has utilized a variety of patrol vessels to service the needs of the Alaskan citizenry in Alaska. Primarily operated in and around the waters of Southwest Alaska including the outer coast, these patrol vessels have varied in size and shape as necessary to meet the demands of the waters assigned. The patrols involving these vessels have varied depending on the operational need of the enforcement program assigned. A normal vessel crew has consisted of a minimum of 1 person and as many as 4 people aboard vessels of this size. This vessel must be sufficiently capable of working and carrying a small amount of seized gear, including but not limited to subsistence crab pots and gillnet gear. This vessel does not require a permanent crew; the operators and handlers could be trained relatively quickly and will have ample opportunity to maintain currency and qualification.

After extensive research with current operators, DPS has determined the requirement of a newly constructed patrol vessel of 25ft overall length, not including an extended transom or motor extensions, with a hull made of marine grade aluminum, will best suit the needs for a law enforcement patrol vessel operating in the waters of the southwest Alaska and surrounding areas.

The vessel will be used for public safety and law enforcement during the annual fisheries, village visits and in search and rescue operations. Its primary mission will be for resource enforcement of the commercial, subsistence and personal use fisheries in the area. It must be capable of operating in inclement weather and rough seas.

SECTION 3. SCOPE OF WORK & CONTRACT INFORMATION

SEC. 3.01 SCOPE OF WORK

DPS is seeking to purchase a newly constructed, high-quality vessel with sea-keeping abilities required for Alaska waters. The vessel will be delivered to Kodiak, Alaska upon completion. The vessel must be built according to the specifications in Attachment One: Vessel Specifications.

The contractor shall complete construction of the vessel with appropriate inspections by DPS representatives at various completion phases of construction, including sending photograph updates.

The contractor shall deliver the vessel in the water for sea trials and initial acceptance near the contractor’s location. Sea trials and final acceptance of the vessel are completed by DPS.

SEC. 3.02 PROOF OF CONTRACTOR QUALIFICATION

The Department requires that the Contractor be qualified to provide the services in the Contract.

“Qualified” in this instance means that the Contractor has significant experience fabricating aluminum vessels of twenty four to twenty seven feet. The Contractor must be able to demonstrate more than five years of experience in aluminum vessel fabrication and must provide welding qualifications for the persons welding the vessel. The Contractor must also have a suitable fabrication facility that is both sheltered and heated. The Department may require the highest ranked offeror to provide proof of these qualifications in their proposal. Failure to provide adequate proof of these qualifications within the timeframe requested will result in disqualification of the offeror.

SEC. 3.03 CONTRACT TERM AND WORK SCHEDULE

The length of the contract will be from the date of award, approximately May 27, 2025 for one year until completion, approximately June 1, 2026, or a mutually agreed upon completion date.

Unless otherwise provided in this RFP, the State and the successful offeror/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. 3.04 DELIVERABLES

The contractor will be required to provide one completed vessel underway to Kodiak, Alaska, after meeting the specification identified in Sec. 3.01 Scope of Work and Attachment One: Vessel Specifications, including passing sea trials.

SEC. 3.05 QUALITY OF VESSEL DESIGN

The State requires that the vessel design be a high quality, outer hull from gunnels to keel must be from a proven design, from a qualified boat designer with more than five (5) years experience.

“Proven design” means that the same hull design proposed by the Contractor already exists and is proven in similar service. “High quality” design means that the vessel scantlings are adequately sized and structural members correctly spaced to provide an acceptable level of stress when subjected to design loads. “High quality” also means that the vessel design has features that allow for easy and safe vessel operation and easy vessel maintenance.

The State requires that all offering contractors submit a complete vessel design with their proposal. The State will have the design submitted by the apparent highest ranked offer reviewed by a Professional Naval Architect/Marine Engineer on a pass/fail basis. If the design fails this professional review, the subject proposal will be disqualified and the design qualification process will begin again with the second highest ranked proposal. The design submitted by each offering contractor must contain the following minimum information:

1) Plan view drawing of the arrangement of the main deck

2) Profile view drawing of vessel, showing design water line, fully loaded

3) Arrangement drawing of cabin

4) Structural plans for hull describing plate, stiffeners, frames, girders, and bulkheads

The State will require that prior to fabrication the following drawings are to be submitted for approval:

1) Electrical load analysis with one-line diagram (each system)

2) Heating system piping and ducting

3) Console layout

Minimum drawing size is 11”x 17”.

SEC. 3.06 QUALITY OF FABRICATION AND INSTALLATION

The State requires that this vessel be a quality vessel. All work and fabrication procedures must be accomplished to good marine practice. The quality of aluminum welding must meet U.S.

Coast Guard standards and the contractor shall provide results of relevant and recent weld strength tests for State approval, before the start of construction. All materials installed on the vessel must be suitable for use in the marine environment and shall be chosen to provide strength and extended wear. The Contractor shall not use metal materials other than aluminum or stainless steel without specifically informing the State how the Contractor intends to deal with galvanic corrosion due to dissimilar metals.

SEC. 3.07 QUALITY OF EQUIPMENT AND COMPONENTS

The State requires that all equipment and components installed on the vessel, or provided with the vessel, be of a high quality suitable for service in a marine environment. All equipment and components must have a proven record of three years of successful service, working in a similar marine environment. No first models of any equipment or components shall be installed or provided by the Contractor unless approved by the state.

SEC. 3.08 CONTRACT TYPE

This contract is a firm, fixed price contract.

SEC. 3.09 PROPOSED PAYMENT PROCEDURES

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

SEC. 3.10 CONTRACT PAYMENT

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.

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

SEC. 3.11 LOCATION OF WORK

The location the work is to be performed, completed, and managed is the contractor’s place of business.

The state will not provide workspace for the contractor. The contractor must provide its own workspace. The contractor shall identify the area for sea trials on their proposal. Travel to other locations will not be required.

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 10 days prior to the deadline for receipt of proposals.

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 proposal as non-responsive, or cancel the contract.

SEC. 3.12 SUBCONTRACTORS

Subcontractors may be used for outboard installation only. If an offeror intends to use a subcontractor for outboard installation, the offeror must identify in the proposal the names of the subcontractor.

Subcontractor experience shall not 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;

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

If a subcontractor on the list did 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 render the services required by the contract.

An offeror's failure to provide this information, within the time set, may cause the state to consider their proposal non-responsive and reject it. The substitution of one subcontractor for another 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. 3.13 JOINT VENTURES

Joint ventures will not be allowed.

SEC. 3.14 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. 3.15 F.O.B. POINT

All goods purchased through this contract will be 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. 3.16 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 or procurement officer. Changes that are not approved by the state may be grounds for the state to terminate the contract.

SEC. 3.17 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. 3.18 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 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 Public Safety or the Commissioner's designee.

SEC. 3.19 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.

SEC. 3.20 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. 3.21 INSURANCE REQUIREMENTS

Without limiting contractor's indemnification, it is agreed that 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.

SEC. 3.22 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.

SECTION 4. PROPOSAL FORMAT AND CONTENT

SEC. 4.01 INTRODUCTION

Proposals must include the complete name and address of offeror’s firm and the name, mailing address, and telephone number of the person the state should contact regarding the proposal.

Proposals must confirm that the offeror will comply with all provisions in this RFP; and, if applicable, provide notice that the firm qualifies as an Alaskan bidder. Proposals must be signed by a company officer empowered to bind the company. An offeror's failure to include these items in the proposals may cause the proposal to be determined to be non-responsive and the proposal may be rejected.

The state discourages overly lengthy and costly proposals, however, in order for the state to evaluate proposals fairly and completely, offerors must follow the format set out in this RFP and provide all information requested.

SEC. 4.02 PROPOSAL CONTENTS

The following information must be included in all proposals.

(a) AUTHORIZED SIGNATURE All proposals must be signed by an individual authorized to bind the offeror to the provisions of the RFP. Proposals must remain open and valid for at least 90-days from the date set as the deadline for receipt of proposals.

(b) OFFEROR'S CERTIFICATION By signature on the proposal, offerors certify 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 federal government;

D. the Americans with Disabilities Act of 1990 and the regulations issued thereunder by the federal government;

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

F. a condition that the proposal submitted was independently arrived at, without collusion, under penalty of perjury; and

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

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

(c) VENDOR TAX ID A valid Vendor Tax ID must be submitted to the issuing office with the proposal or within five days of the state's request.

(d) CONFLICT OF INTEREST Each proposal shall include a statement indicating whether or not the firm or any individuals working on the contract has a possible conflict of interest (e.g., currently employed by the State of Alaska or formerly employed by the State of Alaska within the past two years) and, if so, the nature of that conflict. The procurement officer reserves the right to consider a proposal non-responsive and reject it or cancel the award if any interest disclosed from any source could either give the appearance of a conflict or cause speculation as to the objectivity of the contract to be performed by the offeror.

(e) FEDERAL REQUIREMENTS The offeror must identify all known federal requirements that apply to the proposal, the evaluation, or the contract.

SEC. 4.03 EXPERIENCE AND QUALIFICATIONS

Offerors must provide detail on the personnel assigned to accomplish the work called for in this RFP; illustrate the lines of authority; designate the individual responsible and accountable for the completion of each component and deliverable of the RFP.

The Department requires that the Contractor be qualified to provide the services in the Contract.

See Sec 3.02 for Qualifications. The offeror must provide a minimum of two examples of previous projects, including pictures, of similarly produced vessels by the offeror.

Offerors must provide a narrative description of the organization of the project team and a personnel roster that identifies each person who will actually work on the contract along with their titles and location(s) where work will be performed.

SEC. 4.04 CONSTRUCTION DESIGN PLAN

Offerors must provide comprehensive narrative statements that illustrate their understanding of the requirements of the project and the project schedule. Proposals will be evaluated against the deliverable requirements in Sec 3.01 Scope of Work, Sec 3.04 Deliverables, and Attachment One:

Vessel Specifications. Proposals will also be evaluated against the maritime vessel technical criteria areas of “Mission Suitability” and “Structure and Machinery”. Proposals must include an estimated project timeline.

The contractor shall submit two general assembly view drawings (including interior layout) with the proposal for review and approval by the state. The provided drawings should be produced or approved by a registered Naval Architect and details/scantlings must be designed to ABS 1975 rules for building aluminum vessels or Lloyd’s Special Service Craft, as a minimum.

Mission Suitability

• Overall size: length, beam, depth

• Hull design: sea keeping and vessel maneuverability

• Speed

• Stability

• Endurance

Structure and Machinery

• Main propulsion (engines, gears, shafts), size, quality, control, monitoring

• Hydraulic system design and performance, including steering

• Fuel and lube oil design and performance

• Vessel alarms and indicators

• Deck equipment: windlass, gear, lifting devices

Project Timeline Must Include:

• First draft review date

• Contractor submits final report

• Date range for sea trials

SEC. 4.05 COST PROPOSAL

Offerors must complete and submit this Submittal Form. Proposed costs must all direct and indirect costs associated with the performance of the contract, including, but not limited to, total number of hours at various hourly rates, direct expenses, payroll, supplies, overhead assigned to each person working on the project, percentage of each person's time devoted to the project, and profit. The costs identified on the cost proposal are the total amount of costs to be paid by the state. No additional charges shall be allowed.

SEC. 4.06 EVALUATION CRITERIA

All proposals will be reviewed to determine if they are responsive. Proposals determined to be responsive will be evaluated using the criterion that is set out in SECTION 5. EVALUATION

CRITERIA AND CONTRACTOR SELECTION.

SECTION 5. EVALUATION CRITERIA AND CONTRACTOR

SELECTION

THE TOTAL NUMBER OF POINTS USED TO SCORE THIS PROPOSAL IS 100

SEC. 5.01 SUMMARY OF EVALUATION PROCESS

The state will use the following steps to evaluate and prioritize proposals:

1) Proposals will be assessed for overall responsiveness. Proposals deemed non-responsive will be eliminated from further consideration.

2) A proposal evaluation committee (PEC), made up of at least three state employees or public officials, will evaluate the Technical portion of all responsive proposals.

3) Each responsive Technical Proposal will be sent to the PEC. No cost information will be shared or provided to the PEC.

4) The PEC will independently evaluate and score the proposals based on the degree to which they meet the stated evaluation criteria.

5) After independent scoring, the PEC will have a meeting, chaired by the procurement officer, where the PEC may have a group discussion prior to finalizing their scores.

6) The evaluators will submit their final individual scores to the procurement officer, who will then compile the scores and calculate awarded points as set out in Section 5.03.

7) The procurement officer will calculate scores for cost proposals as set out in Section 5.08 and add those scores to the awarded points along with factoring in any Alaska preferences.

8) The procurement officer may ask for best and final offers from offerors susceptible for award and revise the cost scores accordingly.

9) The state will then conduct any necessary negotiations with the highest scoring offeror and award a contract if the negotiations are successful.

SEC. 5.02 EVALUATION CRITERIA

Proposals will be evaluated based on their overall value to state, considering both cost and non-cost factors as described below. Note: An evaluation may not be based on discrimination due to the race, religion, color, national origin, sex, age, marital status, pregnancy, parenthood, disability, or political affiliation of the offeror.

Overall Criteria Weight Responsiveness Pass/Fail

Qualifications Criteria Weight Experience and Qualifications 15 Construction Design Plan 15 Total 30

Cost Criteria Weight Cost Proposal 60 Total 60

Preference Criteria Weight Alaska Offeror Preference (if applicable) 10 Total 10

TOTAL EVALUATION POINTS AVAILABLE: 100

SEC. 5.03 SCORING METHOD AND CALCULATION

Each Proposal Evaluation Committee (PEC) member will individually evaluate and score each responsive proposal using the criteria set out in Sections 5.01 through 5.02 and assign a single score of 1 through the max points for each section, with max points representing the highest score and 1 representing the lowest score.

After the PEC has scored, the scores for each section will be totaled and the following formula will be used to calculate the total amount of points awarded for each section:

Offeror Total Score x Max Points = Points Awarded Highest Total Score Possible

Example (Max Points for the Section = 100):

PEC

Member 1 Score

PEC

Member 2 Score

PEC

Member 3 Score

PEC

Member 4 Score

Combined Total Score

Points Awarded

Offeror 1 10 5 5 10 30 75

Offeror 2 5 5 5 5 20 50

Offeror

10 10 10 10 40 100

Offeror 1 was awarded 75 points:

Offeror Total Score (30) x Max Points (100) = Points Awarded (75) Highest Total Score Possible (40)

Offeror 2 was awarded 50 points:

Offeror Total Score (20) x Max Points (100) = Points Awarded (50)

Offeror 3 was awarded 100 points:

Offeror Total Score (40) x Max Points (100) = Points Awarded (100)

SEC. 5.04 EXPERIENCE AND QUALIFICATIONS (15%)

Proposals will be evaluated against the questions set out below:

1) Do the individuals assigned to the project have experience on similar projects?

2) Did the offeror include a minimum of two examples of previous projects that demonstrate workmanship similar to that which is required for this project?

3) How extensive is the applicable education and experience of the personnel designated to work on the project?

SEC. 5.05 CONSTRUCTION DESIGN PLAN (15%)

Proposals will be evaluated against the questions set out below:

1) Has the offeror provided the following in accordance with the solicitation specifications?

a. A construction design plan with significant phase completion dates

b. A general arrangement, profile, and structural drawings of the boat that accurately conveys the vessel’s size, shape, function, and layout

c. Descriptions of the major equipment components such as engines and generators

2) Has the offeror incorporated the following in accordance with the solicitation specifications?

a. All specifications within the Vessel Performance Standards section

b. Vessel Machinery and Systems section

i. All operational system specifications

ii. All mechanical system specifications

iii. All electrical and electronic components

c. All specifications within the Accommodation section

d. All specifications within the Safety Equipment section

e. All specifications within the Storage Spaces section

f. All specifications within the Windows and Doors section

g. All specifications within the Miscellaneous Items and Deck Equipment sections

3) Has the offeror included the required guarantees, equipment booklets, and operator handbooks?

4) Did the offeror provide speed and fuel use/range calculations for various operating RPMs?

5) Does the construction plan give the State the best possible understanding of how the contractor proposes to construct the vessel and what components will be used?

6) Did the offeror provide pictures of similarly produced vessels by the offeror?

SEC. 5.06 CONTRACT COST (60%)

Overall, a minimum of 60% of the total evaluation points will be assigned to cost. After the procurement officer applies any applicable preferences, the offeror with the lowest total cost will receive the maximum number of points allocated to cost per 2 AAC 12.260(c). The point allocations for cost on the other proposals will be determined using the following formula:

[(Price of Lowest Cost Proposal) x (Maximum Points for Cost)] ÷ (Cost of Each Higher Priced Proposal)

Example (Max Points for Contract Cost = 400):

Step 1 List all proposal prices, adjusted where appropriate by the application of applicable preferences claimed by the offeror.

Offeror #1 $40,000 Offeror #2 $42,750 Offeror #3 $47,500

Step 2

In this example, the RFP allotted 40% of the available 1,000 points to cost. This means that the lowest cost will receive the maximum number of points.

Offeror #1 receives 400 points.

The reason they receive that amount is because the lowest cost proposal, in this case $40,000, receives the maximum number of points allocated to cost, 400 points.

Offeror #2 receives 374.3 points.

$40,000 lowest cost x 400 maximum points for cost = 16,000,000 ÷ $42,750 cost of Offeror #2’s proposal = 374.3

Offeror #3 receives 336.8 points.

$40,000 lowest cost x 400 maximum points for cost = 16,000,000 ÷ $47,500 cost of Offeror #3’s proposal = 336.8

SEC. 5.07 ALASKA OFFEROR PREFERENCE (10%)

Per 2 AAC 12.260, if an offeror qualifies for the Alaska Bidder Preference, the offeror will receive an Alaska Offeror Preference. The preference will be 10% of the total available points, which will be added to the offeror’s overall evaluation score.

Example:

Step 1

Determine the number of points available to qualifying offerors under this preference:

1000 Total Points Available in RFP x 10% Alaska Offeror preference = 100 Points for the preference

Step 2

Determine which offerors qualify as Alaska bidders and thus, are eligible for the Alaska Offeror preference. For the purpose of this example, presume that all proposals have been completely evaluated based on the evaluation criteria in the RFP. The scores at this point are:

Offeror #1 830 points No Preference 0 points Offeror #2 740 points Alaska Offeror Preference 100 points Offeror #3 800 points Alaska Offeror Preference 100 points

Step 3

Add the applicable Alaska Offeror preference amounts to the offerors’ scores:

Offeror #1 830 points Offeror #2 840 points (740 points + 100 points) Offeror #3 900 points (800 points + 100 points)

Offeror #3 is the highest scoring offeror and would get the award, provided their proposal is responsive and responsible.

SECTION 6. GENERAL PROCESS AND LEGAL INFORMATION

SEC. 6.01 INFORMAL DEBRIEFING

When the contract is completed, an informal debriefing may be performed at the discretion of the project director or procurement officer. If performed, the scope of the debriefing will be limited to the work performed by the contractor.

SEC. 6.02 ALASKA BUSINESS LICENSE AND OTHER REQUIRED LICENSES

Prior to the award of a contract, an offeror must hold a valid Alaska business license. However, in order to receive the Alaska Bidder Preference and other related preferences, such as the Alaska Veteran Preference and Alaska Offeror Preference, an offeror must hold a valid Alaska business license prior to the deadline for receipt of proposals. Offerors should contact the Department of Commerce, Community and Economic Development, Division of Corporations, Business, and Professional Licensing, PO Box 110806, Juneau, Alaska 99811-0806, for information on these licenses. Acceptable evidence that the offeror possesses a valid Alaska business license may consist of any one of the following:

• copy of an Alaska business license;

• certification on the proposal that the offeror has a valid Alaska business license and has included the license number in the proposal;

• a canceled check for the Alaska business license fee;

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

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

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

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

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

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

• Mining licenses issued by Alaska Department of Revenue.

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

SEC. 6.03 SITE INSPECTION

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

SEC. 6.04 CLARIFICATION OF OFFERS

In order to determine if a proposal is reasonably susceptible for award, communications by the procurement officer or the proposal evaluation committee (PEC) are permitted with an offeror to clarify uncertainties or eliminate confusion concerning the contents of a proposal. Clarifications may not result in a material or substantive change to the proposal. The evaluation by the procurement officer or the PEC may be adjusted as a result of a clarification under this section.

SEC. 6.05 DISCUSSIONS WITH OFFERORS

The state may conduct discussions with offerors in accordance with AS 36.30.240 and 2 AAC

12.290. The purpose of these discussions will be to ensure full understanding of the requirements of the RFP and proposal. Discussions will be limited to specific sections of the RFP or proposal identified by the procurement officer. Discussions will only be held with offerors who have submitted a proposal deemed reasonably susceptible for award by the procurement officer.

Discussions, if held, will be after initial evaluation of proposals by the procurement officer or the PEC. If modifications are made as a result of these discussions, they will be put in writing.

Following discussions, the procurement officer may set a time for best and final proposal submissions from those offerors with whom discussions were held. Proposals may be reevaluated after receipt of best and final proposal submissions.

If an offeror does not submit a best and final proposal or a notice of withdrawal, the offeror’s immediate previous proposal is considered the offeror’s best and final proposal.

Offerors with a disability needing accommodation should contact the procurement officer prior to the date set for discussions so that reasonable accommodation can be made.