RFP #2025-2000-0026 OSHA 10 Construction.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 CORRECTIONS

DIVISION OF HEALTH AND REHABILITATION SERVICES

PRIMARY CONTACT:

ALLAN OYAO

PROCUREMENT OFFICER

ALLAN.OYAO@ALASKA.GOV

(907) 269-5910

OSHA 10 CONSTRUCTION

RFP #2025-2000-0026

ISSUED JULY 2, 2024

STATE OF ALASKA – REQUEST FOR PROPOSALS RFP #2025-2000-0026

DEPARTMENT OF CORRECTIONS OSHA 10 CONSTRUCTION

2 Rev. 2/24

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 CONTRACT TERM

SEC. 3.03 WORK SCHEDULE

SEC. 3.04 DEPARTMENT AND CONTRACTOR PROVISIONS

SEC. 3.05 MEETINGS AND SECURITY

SEC. 3.06 RECORD KEEPING

SEC. 3.07 BILLING

SEC. 3.08 CONTRACT TYPE

SEC. 3.09 PROPOSED PAYMENT PROCEDURES

SEC. 3.10 PROMPT PAYMENT FOR STATE PURCHASES

SEC. 3.11 CONTRACT PAYMENT

SEC. 3.12 LOCATION OF WORK

SEC. 3.13 THIRD-PARTY SERVICE PROVIDERS

SEC. 3.14 SUBCONTRACTORS

SEC. 3.15 JOINT VENTURES

SEC. 3.16 RIGHT TO INSPECT PLACE OF BUSINESS

SEC. 3.17 CONTRACT PERSONNEL

SEC. 3.18 INSPECTION & MODIFICATION - REIMBURSEMENT FOR UNACCEPTABLE DELIVERABLES

SEC. 3.19 CONTRACT CHANGES - UNANTICIPATED AMENDMENTS

SEC. 3.20 NONDISCLOSURE AND CONFIDENTIALITY

SEC. 3.21 INDEMNIFICATION

SEC. 3.22 INSURANCE REQUIREMENTS

SEC. 3.23 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 UNDERSTANDING OF THE PROJECT

SEC. 4.05 METHODOLOGY USED FOR THE PROJECT

SEC. 4.06 MANAGEMENT PLAN FOR THE PROJECT

SEC. 4.07 COST PROPOSAL

SEC. 4.08 EVALUATION CRITERIA

SECTION 5. EVALUATION CRITERIA & 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 (25%)

SEC. 5.05 UNDERSTANDING OF THE PROJECT (25%)

SEC. 5.06 METHODOLOGY USED FOR THE PROJECT (25%)

SEC. 5.07 MANAGEMENT PLAN FOR THE PROJECT (25%)

SEC. 5.08 CONTRACT COST (40%)

SEC. 5.09 ALASKA OFFEROR PREFERENCE (10%)

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SECTION 6. GENERAL PROCESS AND 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 STANDARD CONTRACT PROVISIONS

SEC. 6.15 QUALIFIED OFFERORS

SEC. 6.16 PROPOSAL AS PART OF THE CONTRACT

SEC. 6.17 ADDITIONAL TERMS AND CONDITIONS

SEC. 6.18 HUMAN TRAFFICKING

SEC. 6.19 RIGHT OF REJECTION

SEC. 6.20 STATE NOT RESPONSIBLE FOR PREPARATION COSTS

SEC. 6.21 DISCLOSURE OF PROPOSAL CONTENTS

SEC. 6.22 ASSIGNMENT

SEC. 6.23 FORCE MAJEURE (IMPOSSIBILITY TO PERFORM)

SEC. 6.24 DISPUTES

SEC. 6.25 SEVERABILITY

SEC. 6.26 SUPPLEMENTAL TERMS AND CONDITIONS

SEC. 6.27 SOLICITATION ADVERTISING

SEC. 6.28 FEDERALLY IMPOSED TARIFFS

SECTION 7. ATTACHMENTS

SEC. 7.01 ATTACHMENTS

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INTRODUCTION & INSTRUCTIONS

SEC. 1.01 PURPOSE OF THE RFP

The Department of Corrections, Division of Health and Rehabilitation Services, is soliciting proposals for a contract to secure the instructional services for OSHA 10 Construction training and provide at seven correctional centers. This course ensures each student has a thorough understanding of the potential hazards to health and safety associated with the construction industry covered by OSHA 29 CFR 1926. The seminar covers the basic information through lectures, presentations, videos, and discussion.

SEC. 1.02 BUDGET

Department of Corrections, Division of Health and Rehabilitation Services, estimates a budget of between $20,000.00 and $30,000.00 dollars for completion of this project. Proposals priced at more than the identified budget will be considered non-responsive.

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

SEC. 1.03 DEADLINE FOR RECEIPT OF PROPOSALS

Proposals must be received no later than 2:00 PM prevailing Alaska Standard Time on July 29, 2024, as indicated by postmark or 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:

Experience:

• OSHA Construction Industries Instructor

• Prior experience in corrections or criminal justice agencies preferred.

Qualifications:

• OSHA Construction Industries Instructor

• High School Diploma or GED

• Resumes and References

• Customer reference list, or list of similar services provided, or contracts obtained

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

5 Rev. 2/24 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 PROPOSAL DEADLINE

All questions must be in writing and directed to the procurement officer. The interested party must confirm telephone conversations in writing. Deadline for questions is on July 16, 2024.

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: Allan Oyao – PHONE: 907-269-5910 – Email: allan.oyao@alaska.gov

SEC. 1.07 RETURN INSTRUCTIONS

Do not submit your proposal through IRIS Vendor Self-Service (VSS).

If submitting a hard copy proposal, Offerors must submit one hard copy of their proposal to the procurement officer in a sealed package. The cost proposal included with the package must be sealed separately from the rest of the proposal and must be clearly identified. The sealed proposal package(s) must be addressed as follows:

Department of Corrections Division of Health and Rehabilitation Services

Attention: Allan Oyao Request for Proposal (RFP) Number: 2025-2000-0026

RFP Title: OSHA 10 Construction 550 W. 7th Avenue, Suite 1800

Anchorage, AK 99501

If submitting a proposal via email, the technical proposal and cost proposal must be saved as separate PDF documents and emailed to doc.procurement@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 907-269-5910 to confirm that the proposal has been received. The state is not responsible for unreadable, corrupt, or missing attachments.

mailto:allan.oyao@alaska.gov mailto:doc.procurement@alaska.gov

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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 TIME DATE

Issue Date 7/2/2024 Questions Deadline 2 PM 7/16/2024 Deadline for Receipt of Proposals / Proposal Due Date 2 PM 7/29/2024 Proposal Evaluations Complete 8/7/2024 Notice of Intent to Award 8/12/2024 Contract Issued 8/22/2024

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 Corrections, 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.

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SEC. 1.13 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

This training affords those individuals reintegrating into the community with an occupational credential that can be applied in the construction industry. Positions in the construction industry provide a living wage and are readily available throughout Alaska with anticipated growth of 8% in construction occupations by 2030. With no barriers toward the offender population, it lends to many employment opportunities for reentrants. The training targets the key criminogenic need of employment in providing the knowledge and skills to be successful in obtaining and retaining a job with high earning potential.

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SECTION 3. SCOPE OF WORK & CONTRACT INFORMATION

SEC. 3.01 SCOPE OF WORK

The Department of Corrections, Division of Health and Rehabilitation Services, is soliciting proposals for OSHA 10 Construction instructional services to provide training at seven correctional centers. This course ensures each student has a thorough understanding of the potential hazards to health and safety associated with the construction industry covered by OSHA 29 CFR 1926. The seminar covers basic information through lectures, presentations, videos, and discussions.

Service requirements:

The OSHA 10 training is the primary method used to train workers on hazard recognition and OSHA Construction Industry regulations and requirements of safety standards. OSHA training is necessary for a safe and healthy work environment. OSHA recommends training program courses as an orientation to occupational safety and health for workers covered by OSHA 29 CFR 1926. Upon successful completion of the course, participants will be issued an OSHA 10-Hour Construction Industry Certification Wallet Card within 1-2 weeks.

The Contractor will provide up to 10-hours of instructional training per class cycle, which will include proctoring of certifying exams and require processing the documentation for testing the earned certifications. The contractor should anticipate the 10 hours of instruction to occur over two consecutive days for each training cycle taught.

Instruction to follow course outline shown below:

• Module 1: Introduction to OSHA

• Module 2: OSHA Focus Four Hazards

• Module 3: Personal Protective Equipment

• Module 4: Health Hazards in Construction

• Module 5: Stairways and Ladders

• Module 6: Cranes, Derricks, Hoists, Elevators and Conveyors

• Module 6: Excavations

• Module 8: Material handling, Use, and Disposal

• Module 9: Scaffolds

• Module 10: Hand and Power Tools

SEC. 3.02 CONTRACT TERM

The length of the contract will be from the date of award, approximately August 22, 2024 through June 30, 2025, with two (2) optional renewal through June 30, 2027. The optional renewal shall be at the State’s sole discretion and approved legislative appropriations.

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

10 Rev. 2/24 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 WORK SCHEDULE

It is anticipated that 10 class cycles will be provided from August 22, 2024 to June 30, 2025, 10 class cycles will be provided the subsequent fiscal year, July 1, 2025 to June 30, 2026, and 10 Class cycles provided between July 1, 2026 and June 30, 2027.

The following facilities will receive OSHA 10 Construction training: one (1) class cycle @ AMCC in Nome, two (2) class cycle @ FCC in Fairbanks, two (2) class cycle @ GCCC in Wasilla, one (1) class cycle @ LCCC in Juneau, two (2) class cycle @ PCC in Sutton, one (1) class cycle @ PMCF in Wasilla, and one (1) class cycle @ YKCC in Bethel per program year.

It is anticipated that there will be a total of 100 hours of instruction and each of the class cycles per contract year that will include 10-hours of instruction spread over two consecutive days. There shall be a minimum of a 30-minute break for lunch.

Each training cycle will instruct a minimum of 8 students and maximum of 15 students.

Instructional hours are limited to the timeframe of 8:00 am to 5:30 pm, Mondays through Saturdays, and classes are customarily subject to breaks for scheduled counts and mealtimes. Trainings will not be conducted on Sundays nor State/Federal holidays.

Facilities may be made inaccessible due to security considerations and the training times may need to be rescheduled. Staffing shortages may cause facility restrictions that may necessitate shifting to fewer or more class cycles designated for delivery at a given DOC facility, that may instead be delivered at an alternate facility listed in this contract, as determined by DOC Anchorage Central Office staff in collaboration with the contractor.

SEC. 3.04 DEPARTMENT AND CONTRACTOR PROVISIONS

Contractor will:

Utilize OSHA 10 Construction Industries training materials (found at OSHA.com). The contractor will provide a comprehensive list of materials that will be brought into the institutions to conduct training;

the list is to be submitted to the Education/Vocational staff at each institution. The contractor shall provide lesson plans, training aids, syllabi, and other classroom related materials. The contractor will provide the OSHA 10 tests, and issue results, earned certificates (wallet cards), and copies of certificates to the Education staff of the institution at the conclusion of each cycle.

DOC will:

Provide adequate classroom space and seating for all students. The contractor will have access to digital projectors and other classroom equipment for course instruction. If the contractor requires specific supplies or equipment, a comprehensive list must be submitted in writing to the Education staff at the facility of the training, for approval, prior to scheduling a course.

• Maintain strict control and accountability of equipment in accordance with safety and security guidelines.

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• Carry out all duties in a professional, reliable, and security-minded manner.

SEC. 3.05 MEETINGS AND SECURITY

The contractor shall:

A. Submit and pass a DOC provided background check.

B. Attend a security briefing and facility orientation.

C. Communicate with the Education Staff at each institution to set up training dates.

D. Notify the Education staff of any class schedule changes, cancellations or absences.

E. Immediately notify the education staff or any security officer of any disruptive behavior.

F. If requested, provide a written statement of disruptive incidents that occurred in the training area.

G. Coordinate progress checks with the Education staff before, during, and after courses to discuss progress, problems, and/or concerns.

The contractor will communicate with the Education Coordinator / Vocational Instructor to discuss student progress, classroom management, scheduling, or security issues. The Education Staff will review all teaching materials developed and used by the contractor prior to being utilized at the institution.

These meetings should be included in the hourly rate: no additional time shall be charged for these meetings. Each instructor utilized for the delivering contracted trainings may need to attend a security orientation at a DOC facility prior to working with inmate students.

Contactor will comply with established DOC policies and procedures and in some cases attend a brief security orientation at individual Institutions.

SEC. 3.06 RECORD KEEPING

The contractor will complete all required paperwork for student transcripts/wallet cards from OSHA.com. The contractor will issue official results of the class and earned certificates/wallet cards and copies, to the Education staff at each facility where the instruction is delivered after each cycle.

SEC. 3.07 BILLING

The contractor will submit an invoice to the Criminal Justice Planner after every cycle of the class, showing dates, list of student inmates served, hours worked and hours remaining on the contract.

Invoices must be signed and dated and must include Contractor’s business name, address, contact phone numbers, contract number, and submitted to:

The State of Alaska, Department of Corrections Attn: CJP Michael Clark 550 W. 7th Ave., Suite 1800 Anchorage, AK 99501

Or by email: Michael.clark@alaska.gov

SEC. 3.08 CONTRACT TYPE

This contract is a firm fixed-priced contract.

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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 has been approved by the project director.

SEC. 3.10 PROMPT PAYMENT FOR STATE PURCHASES

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

SEC. 3.11 CONTRACT PAYMENT

No payment will be made until the contract is approved by the Commissioner of the Department of Corrections 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. 3.12 LOCATION OF WORK

The location(s) the work is to be performed, completed, and managed are at:

• Anvil Mountain Correctional Center (AMCC), 1810 Center Creek Rd., Nome, AK 99762

• Fairbanks Correctional Center (FCC), 1931 Eagan Ave., Fairbanks, AK 99701

• Goose Creek Correctional Center (GCCC), 22301 W Alsop Rd., Wasilla, AK 99623

• Lemon Creek Correctional Center (LCCC), 2000 Lemon Creek Rd., Juneau, AK 99801

• Palmer Correctional Center (PCC), North Mile 58 Rd., Palmer, AK 99645

• Point Mackenzie Correctional Farm (PMCF), 13690 S. Guernsey Rd., Wasilla, AK 99687

• Yukon Kuskokwim Correctional Center (YKCC), PO Box 400, Bethel, AK 99559

The state will provide workspace for the contractor.

The contractor should include all direct and indirect costs and in their price proposal: Indirect examples are transportation, lodging, licensing, taxi, mileage, and per diem etc. Depending on the award costs shall be sufficient to pay for two persons to travel to Nome, Wasilla, Sutton, Fairbanks, Juneau and Bethel, AK annually. Travel to other locations will not be required.

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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. 3.13 THIRD-PARTY SERVICE PROVIDERS

No third parties allowed.

SEC. 3.14 SUBCONTRACTORS

Subcontractors will not be allowed.

SEC. 3.15 JOINT VENTURES

Joint ventures will not be allowed.

SEC. 3.16 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. 3.17 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. 3.18 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.

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SEC. 3.19 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 Corrections or the Commissioner's designee.

SEC. 3.20 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.

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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. 3.21 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. 3.22 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.

Contract Amount Minimum Required Limits

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Under $100,000 $300,000 per Claim/Annual Aggregate $100,000-$499,000 $500,000 per Claim/Annual Aggregate $500,000-$999,999 $1,000,000 per Claim/Annual

Aggregate $1,000,000 or over Refer to Risk Management

SEC. 3.23 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 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.

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(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 an organizational chart specific to 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.

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 and provide the following information about each person listed:

• title,

• resume,

• location(s) where work will be performed,

• itemize the total cost and the number of estimated hours for each individual named above.

Offerors must provide reference names and phone numbers for similar projects the offeror’s firm has completed.

SEC. 4.04 UNDERSTANDING OF THE PROJECT

Offerors must provide comprehensive narrative statements that illustrate their understanding of the requirements of the project and the project schedule.

SEC. 4.05 METHODOLOGY USED FOR THE PROJECT

Offerors must provide comprehensive narrative statements that set out the methodology they intend to employ and illustrate how the methodology will serve to accomplish the work and meet the state’s project schedule.

SEC. 4.06 MANAGEMENT PLAN FOR THE PROJECT

Offerors must provide comprehensive narrative statements that set out the management plan they intend to follow and illustrate how the plan will serve to accomplish the work and meet the state's project schedule.

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SEC. 4.07 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.

A budget narrative is required and must describe how the costs for provisions of service were arrived at.

SEC. 4.08 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.

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SECTION 5. EVALUATION CRITERIA & CONTRACTOR

SELECTION

THE TOTAL NUMBER OF POINTS USED TO SCORE THIS PROPOSAL IS 1000

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 125 Understanding of the Project 125 Methodology Used for the Project 125 Management Plan for the Project 125

Total 500

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Cost Criteria Weight Cost Proposal 400 Total 400

Preference Criteria Weight Alaska Offeror Preference (if applicable) 100 Total 100

TOTAL EVALUATION POINTS AVAILABLE: 1000

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 5.04 through 5.07 and assign a single score of 1 through 10, with 10 representing the highest score and 1 representing the lowest score.

Using only whole numbers, PEC members should start with a score of 5 on each section. The score may either increase or decrease depending on the offeror’s response to each question for that section. As an example, if the Offeror provided responses over and above the evaluation questions in a section, they would receive a higher score. However, if the Offeror’s response fails to address all questions of a section or demonstrates some lack of understanding or competency as it relates to a question for that section, the Offeror would then receive a lower 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

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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 (25%)

Proposals will be evaluated against the questions set out below:

1) Questions regarding the personnel:

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

b) Are resumes complete and do they demonstrate backgrounds that would be desirable for individuals engaged in the work the project requires?

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

2) Questions regarding the firm:

a) How well has the firm demonstrated experience in completing similar projects on time and within budget?

b) How successful is the general history of the firm regarding timely and successful completion of projects?

c) Has the firm provided letters of reference from previous clients?

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SEC. 5.05 UNDERSTANDING OF THE PROJECT (25%)

Proposals will be evaluated against the questions set out below:

1) How well has the offeror demonstrated a thorough understanding of the purpose and scope of the project?

2) How well has the offeror identified pertinent issues and potential problems related to the project?

3) To what degree has the offeror demonstrated an understanding of the deliverables the state expects it to provide?

4) Has the offeror demonstrated an understanding of the state's time schedule and can meet it?

SEC. 5.06 METHODOLOGY USED FOR THE PROJECT (25%)

Proposals will be evaluated against the questions set out below:

1) How comprehensive is the methodology and does it depict a logical approach to fulfilling the requirements of the RFP?

2) How well does the methodology match and achieve the objectives set out in the RFP?

3) Does the methodology interface with the time schedule in the RFP?

SEC. 5.07 MANAGEMENT PLAN FOR THE PROJECT (25%)

Proposals will be evaluated against the questions set out below:

1) How well does the management plan support all of the project requirements and logically lead to the deliverables required in the RFP?

2) How well is accountability completely and clearly defined?

3) Is the organization of the project team clear?

4) How well does the management plan illustrate the lines of authority and communication?

5) To what extent does the offeror already have the hardware, software, equipment, and licenses necessary to perform the contract?

6) Does it appear that the offeror can meet the schedule set out in the RFP?

7) Has the offeror gone beyond the minimum tasks necessary to meet the objectives of the RFP?

8) To what degree is the proposal practical and feasible?

9) To what extent has the offeror identified potential problems?

SEC. 5.08 CONTRACT COST (40%)

Overall, a minimum of 40% 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:

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[(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. 5.09 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:

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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.

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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 & 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…