RFP 2026-0500-0260 Child Nutrition Programs Administrative Review.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 EDUCATION AND

EARLY DEVELOPMENT

DIVISION OF CHILD NUTRITION

PROGRAMS

PRIMARY CONTACT:

DISNEY RAMOS

PROCUREMENT OFFICER

EED.PROCUREMENT@ALASKA.GOV

(907) 269-3484

CHILD NUTRITION PROGRAMS ADMINISTRATIVE REVIEW

RFP 2026-0500-0260

ISSUED 3/4/2026

THE ALASKA DEPARTMENT OF EDUCATION AND EARLY DEVELOPMENT (DEED) IS

SEEKING PROPOSALS FROM QUALIFIED OFFERORS TO CONDUCT ADMINISTRATIVE REVIEWS

(AR) FOR THE USDA NUTRITION PROGRAMS ADMINISTERED BY SCHOOL DISTRICTS AND

RESIDENTIAL CHILD CARE INSTITUTIONS (RCCI) IN ALASKA AS REQUIRED BY DEED FOR

THE SCHOOL MEAL PROGRAMS AS WELL AS THE SUMMER PROGRAMS.

STATE OF ALASKA – REQUEST FOR PROPOSALS RFP 2026-0500-0260

CHILD NUTRIRION PROGRAMS ADMINISTRATIVE REVIEW

2 Rev. 8/24

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 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 AND WORK SCHEDULE

SEC. 3.03 DELIVERABLES

SEC. 3.04 CONTRACT TYPE

SEC. 3.05 PROPOSED PAYMENT PROCEDURES

SEC. 3.06 CONTRACT PAYMENT

SEC. 3.07 LOCATION OF WORK

SEC. 3.08 SUBCONTRACTORS

SEC. 3.09 JOINT VENTURES

SEC. 3.10 RIGHT TO INSPECT PLACE OF BUSINESS

SEC. 3.11 CONTRACT PERSONNEL

SEC. 3.12 INSPECTION & MODIFICATION - REIMBURSEMENT FOR UNACCEPTABLE DELIVERABLES

SEC. 3.13 CONTRACT CHANGES - UNANTICIPATED AMENDMENTS

SEC. 3.14 NONDISCLOSURE AND CONFIDENTIALITY

SEC. 3.15 INDEMNIFICATION

SEC. 3.16 INSURANCE REQUIREMENTS

SEC. 3.17 TERMINATION FOR DEFAULT

SECTION 4. PROPOSAL FORMAT AND CONTENT

SEC. 4.01 RFP SUBMITTAL FORMS

SEC. 4.02 SPECIAL FORMATTING REQUIREMENTS

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

SEC. 4.04 EXPERIENCE AND QUALIFICATIONS (SUBMITTAL FORM B)

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

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

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

SEC. 4.08 COST PROPOSAL (SUBMITTAL FORM F)

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

SEC. 5.05 UNDERSTANDING OF THE PROJECT

SEC. 5.06 METHODOLOGY USED FOR THE PROJECT

SEC. 5.07 MANAGEMENT PLAN FOR THE PROJECT

SEC. 5.08 CONTRACT COST (COST PROPOSAL)

SEC. 5.09 ALASKA OFFEROR PREFERENCE

SECTION 6. GENERAL PROCESS 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

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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

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INTRODUCTION & INSTRUCTIONS

SEC. 1.01 PURPOSE OF THE RFP

The Alaska Department of Education and Early Development (DEED) is seeking proposals from qualified offerors to conduct Administrative Reviews (AR) for the USDA nutrition programs administered by school districts and Residential Child Care Institutions (RCCI) in Alaska as required by DEED for the school meal programs as well as the summer programs.

Alaska is a 365-million-acre region that has less than 800,000 people, and temperatures exceed +100 degrees Fahrenheit in the summer to below –40 degrees Fahrenheit in the winter. The geography and climate of the region create challenges to transportation and resource accessibility for both program sponsors and State employees.

There are ten individuals that oversee the entire Child Nutrition Programs for the State of Alaska, working to meet the strategic goal of improving the safety and well-being of students through school partnerships with families, communities, and tribes. By including contractors in our mission to ensure program integrity and compliance, we hope to achieve greater efficiency and more thorough reviews and technical assistance for our sponsors.

SEC. 1.02 BUDGET

Department of Education and Early Development, Division of Child Nutrition Programs, estimates a budget of up to $1,290,000 dollars for completion of this project. Proposals priced at more than $1,290,000 will be considered non-responsive. The total budget will be divided equally into five (5) possible terms.

Renewals are granted at the discretion of the State of Alaska.

• Initial Term – April 2026 – September 30, 2027

• Renewal Option #1 – October 1, 2027 – September 30, 2028

• Renewal Option #2 – October 1, 2028 – September 30, 2029

• Renewal Option #3 – October 1, 2029 – September 30, 2030

• Renewal Option #4 – October 1, 2030 – September 30, 2031

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 3:00PM prevailing Alaska Standard Time on March 25, 2026, 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:

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• All reviewers and project managers must demonstrate, by providing a detailed resume, and have experience with all USDA rules, regulations, and guidance as it relates to the NSLP, SBP, SSO, ASCP, SMP, FFVP, equipment grants, CEP, Provision 3, and CACFP At Risk.

• For the avoidance of conflicts of interest, at the time of proposal, and if accepted, offerors must not have a current or pending business relationship with an Alaska school district.

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 at eed.procurement@alaska.gov.

Two types of questions generally arise. One may be answered by directing the questioner to a specific section of the RFP. Other questions may be more complex and may require a written amendment to the RFP. The procurement officer will make that decision. Questions are due no later than 3:00PM prevailing Alaska Standard Time on March 14, 2026.

EMAIL ADDRESS: eed.procurement@alaska.gov

PROCUREMENT OFFICER: Disney Ramos – PHONE (907) 269-3484 - TDD 1-800-770-8973

SEC. 1.07 RETURN INSTRUCTIONS

Proposals must be submitted via email. The technical proposal and cost proposal must be saved as separate PDF documents and emailed to eed.procurement@alaska.gov as separate, clearly labeled attachments, such as “Vendor A – Technical Proposal.pdf” and “Vendor A – Cost Proposal.pdf”. The email must contain the RFP number in the subject line, RFP 2026-0500-0260.

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. When 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) 269-3484 to confirm that the proposal has been received. The state is not responsible for unreadable, corrupt, or missing attachments.

mailto:eed.procurement@alaska.gov mailto:eed.procurement@alaska.gov mailto:eed.procurement@alaska.gov

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SEC. 1.08 ASSISTANCE TO OFFERORS WITH 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 / RFP Released 3:00PM 03/04/2026 Pre-Proposal Questions Due Date 3:00PM 03/14/2026 Deadline for Receipt of Proposals 3:00PM 03/25/2026 Proposal Evaluations Complete 3:00PM 03/27/2026 Notice of Intent to Award 5:00PM 03/27/2026 Contract Issued 3:00PM 04/07/2026

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 Education and Early Development, 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

USDA requires state agencies administering federal Child Nutrition Programs to conduct Administrative Reviews (ARs) of all program operators during a two- to five-year cycle. For Alaska, this includes Administrative Reviews (AR) in the School Nutrition Programs (SNP), including the National School Lunch Program (NSLP), School Breakfast Program (SBP), Special Milk Program (SMP), and Seamless Summer Option (SSO); Fresh Fruit and Vegetable Program (FFVP); Child and Adult Care Food Program (CACFP); and Summer Food Service Program (SFSP), as well as Local Agency Procurement Review (LAPR) Program operators include school districts and residential child care institutions (RCCIs). DEED is seeking services to assist in conducting ARs for the 2026-2027 fiscal year.

It is expected that Contractor will conduct between 18-25 NSLP/SBP ARs per school year, 15-20 CACFP ARs per school year, and 4-7 SFSP ARs per summer. The number of sites per sponsor varies per year (see appendix).

Contractor must designate an assigned project manager. The same project manager will be dedicated to the effort for the entire contract period to ensure consistency in the performance of ARs. Contractor and project manager must ensure all timelines are met and be able to manage numerous tasks simultaneously.

Contractor must be able to work under pressure and meet tight deadlines.

ARs are conducted in all areas of the state of Alaska. The majority will be accessible through Alaska Airlines, although smaller airplanes may need to be accessed for site monitoring, the balance of the ARs will be in the interior region, North/Norwest regions, the Southwest region, and Southeast region. Interior ARs may be accessed by automobile, and all other regions will be accessed by airplane. The tentative schedule for SY 2026-2027 will be provided for bidding purposes; however, the schedule is not final.

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SECTION 3. SCOPE OF WORK & CONTRACT INFORMATION

SEC. 3.01 SCOPE OF WORK

1. Conduct all assigned AR’s from start to finish.

2. Conduct reviews of SNP, SFSP, CACFP.

3. Independently complete the ARs in compliance with all federal, and state laws, regulations, and policies.

4. SNP AR should be completed by June 1 each year.

- This includes NSLP, SBP, SMP, FFVP, and SSO.

5. CACFP AR should be completed by September 30 each year.

6. SFSP AR should be completed by September 30 each year.

7. Provide a dedicated project manager to oversee Contractor’s staff conducting ARs.

8. Ensure adequate staff is able and available to travel throughout the state of Alaska to conduct ARs using various modes of transportation.

9. Conduct entrance and exit conferences with the sponsor’s official representative.

10. Properly document all sections of the AR conducted by Contractor onto DEED approved forms.

11. Complete and provide the sponsor an AR Corrective Action Plan (CAP), when applicable.

12. Review all documents and responses submitted in connection with a CAP.

13. Determine compliance with applicable federal and state regulations and guidance.

14. Follow DEED’s policies and procedures in relation to CAP review, completion, denial, issuance of additional CAPs or acceptance.

15. Draft and send letters that relate to the AR as necessary.

16. Provide testimony and assist with administrative appeals arising from ARs conducted, completed, or staffed, even in part, by Contractor. Contractor’s employees, upon DEED’s request, must be able to engage in overnight travel on less than seven days’ notice to assist with and testify at an administrative appeal arising out of an AR.

17. Maintain a communication log for all communication with each sponsor. This log should be provided to DEED as requested and should include the following for each communication:

Name(s), Date and time, Modality, Nature of communication.

18. Meet with DEED on an as-needed basis, typically not more frequently than once a week

19. Provide a written status report, as requested by DEED, concerning work performed that includes:

- Projected date of completions with the off-site, on-site, and post review

- Notes on letters, closure, and problematic reviews

20. Prior to the end of the program year, contractor will provide a report of findings totaled by type of finding and sponsor name.

21. Create/assist with program training when requested:

- SNP (potentially 2-4 hours per year)

- CACFP (potentially 2-6 hours per year)

- SFSP (potentially 1-2 hours per year)

- LAPR (potentially 1-2 hours per year)

22. Create additional forms when requested (potentially 1-2 per year)

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Program-Specific Requirements:

1. Conduct the following CACFP integrity checks in addition to scheduled ARs:

- Annual Verification of Bank Account Activity of eligible CACFP sponsors based on applicable federal and state regulations and guidance.

- CACFP cycle menu reviews when requested (up to a maximum of 40 per year)

2. Complete the FNS-640 (administrative review data) on behalf of Alaska Department of Education and Early Development and submit to NSLP program coordinator on or before February 15th every year.

3. SFSP Administrative Reviews will include an annual review of Meals to You sponsor(s) including a visit to the packaging/shipping facility that may be outside of Alaska.

- Meals to You is a direct home-delivery meal service option. Boxes are shipped directly from the supplier (currently located in Houston, TX, but location may change) and requires monitoring of the packaging, labeling, and shipping of the meal boxes.

Other Requirements:

1. Contractor and its employees must display excellent customer service skills. Including:

- Clear and timely communication with program sponsors

- Ability to communicate across a diverse range of stakeholders, including various educational, cultural, and language demographics.

2. Contractor and its employees must be professional while interacting with both internal and external customers.

3. Respond to inquiries from DEED regarding specific administrative review statuses or findings.

4. Contractor must provide electronic equipment (computers, etc.) for all its employees. DEED will provide proper access to the CNP Web needed to conduct an AR.

5. Contractor and its employees must ensure confidentiality for all information obtained during reviews.

6. The performance of the Contractor will be monitored through the following activities:

- Review and approval of completed Administrative Reviews within the timeframe designated.

- Timeliness and responsiveness to inquiries from DEED regarding the status and contents of administrative reviews and related activities, including status reports.

7. DEED CNP’s Program Manager will determine when the terms of the contract has successfully been completed.

SEC. 3.02 CONTRACT TERM AND WORK SCHEDULE

The length of the contract will be from the date of award, approximately April 2026, until completion, approximately September 30, 2027.

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.

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SEC. 3.03 DELIVERABLES

The completed NSLP/SBP AR packet submitted to DEED with an invoice must include the following completed documents:

1. Off-site Assessment Form

2. On-Site Assessment Form

3. Dietary Specifications Assessment Tool

4. Procurement Review Tool, with back-up documentation

5. Assist DEED NSLP Coordinator with the Fiscal Action Workbook3

6. Meal Compliance Risk Assessment Tool

7. Non-reimbursable Meal Allocation Form (if applicable)

8. Resource Management Risk Indicator Tool

9. Resource Management Comprehensive Review Form (if applicable), with back-up

10. documentation

11. S-1 Form(s)

12. S-2 Form(s)

13. SFA-1 Form

14. SFA-1a Form (if applicable)

15. SFA-2 Form

16. SFA-2a Form (if applicable)

17. SFA-3 Form

18. Site Selection Worksheet

19. Statistical Sample Generator

20. After School Snack Form (if applicable)

21. DEED At-Risk Afterschool Meals Review Form (if applicable)

22. Corrective Action Plan

23. Completed Corrective Action

24. DEED Food Safety and Sanitation Form

25. Copies of all correspondence with program operators

The completed SFSP AR packet submitted to DEED with an invoice must include the following completed documents:

1. Sponsor Review Form

2. Site Review Form(S)

3. Procurement Review Form

4. Corrective Action Plan

5. Completed Corrective Action

6. Deed Food Safety and Sanitation Form

7. Copies Of All Correspondence with Program Operators

SEC. 3.04 CONTRACT TYPE

This contract is a Fixed Price contract.

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SEC. 3.05 PROPOSED PAYMENT PROCEDURES

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

SEC. 3.06 CONTRACT PAYMENT

No payment will be made until the contract is approved by the Commissioner of the Department of Education and Early Development 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. 3.07 LOCATION OF WORK

The location(s) the work is to be performed, completed, and managed must be provided by the Contractor.

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

Travel will be required, and all related expenses shall be included in the vendor’s total cost proposal. ARs are conducted in all areas of the state of Alaska. The majority will be accessible through Alaska Airlines, although smaller airplanes may need to be accessed for site monitoring, the balance of the ARs will be in the interior region, North/Norwest regions, the Southwest region, and Southeast region. Interior ARs may be accessed by automobile, and all other regions will be accessed by airplane.

By signing 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.

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SEC. 3.08 SUBCONTRACTORS

Subcontractors will not be allowed.

SEC. 3.09 JOINT VENTURES

Joint ventures will not be allowed.

SEC. 3.10 RIGHT TO INSPECT PLACE OF BUSINESS

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

SEC. 3.11 CONTRACT PERSONNEL

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

SEC. 3.12 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. 3.13 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 Education and Early Development or the Commissioner's designee.

SEC. 3.14 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

14 Rev. 8/24 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. 3.15 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

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“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. 3.16 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.

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

Contract Amount Minimum Required Limits

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. 3.17 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

16 Rev. 8/24 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 RFP SUBMITTAL FORMS

This RFP contains Submittal Forms, which must be completed by the offeror and submitted as part of their proposal. An electronic copy of the forms is posted along with this RFP.

Unless otherwise specified in this RFP, the Submittal Forms shall be the offeror’s entire proposal. Do not include any marketing information in the proposal.

Any proposal that does not follow these requirements may be deemed non-responsive.

SEC. 4.02 SPECIAL FORMATTING REQUIREMENTS

The offeror must ensure that their proposal meets all special formatting requirements identified in this section.

Documents and Text: All attachment documents must be written in the English language, be single sided, and be single spaced with a minimum font size of 10. Pictures or graphics may be used if the offeror feels it is necessary to communicate their information, however, be aware of the below requirements for page limits.

Page Limits: Some Submittal Forms listed below have maximum page limit requirements. Offerors must not exceed the maximum page limits. Note, the page limit applies to the front side of a page only (for example, ‘1 Page’ implies that the offeror can only provide a response on one side of a piece of paper). Any pages exceeding the maximum page limit will be discarded and will not be included in the evaluations (for example, the maximum page limit is 3 pages, but the Offeror submits 5 pages for that submittal form. Only pages 1-3 will be evaluated. Pages 4 and 5 would be discarded by the Procurement Officer before sending them to the proposal evaluation committee for evaluation.).

Submittal Form Maximum Page Limits

Submittal Form A – Offeror Information and Certifications N/A Submittal Form B – Experience and Qualifications 5 Submittal Form C – Understanding of the Project 5 Submittal Form D – Methodology Used for the Project 5 Submittal Form E – Management Plan for the Project 5 Submittal Form F – Cost Proposal 1

Any Submittal Form submitted as part of a proposal that is not compliant with the instructions above may be a basis for finding the proposal non-responsive and thus rejected.

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SEC. 4.03 OFFEROR INFORMATION AND CERTIFICATIONS (SUBMITTAL

FORM A)

The offeror must complete and submit this Submittal Form. The form must be signed by an individual authorized to bind the offeror to the provisions of the RFP.

By signature on the form, the offeror certifies 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.

The Submittal Form also requests the following information:

a) The complete name and address of offeror’s firm along with the offeror’s Tax ID.

b) Information on the person the state should contact regarding the proposal.

c) Names of critical team members/personnel.

d) Addenda acknowledgement.

e) Conflict of interest statement.

f) Federal requirements.

g) Alaska preference qualifications.

An offeror's failure to address/respond/include these items may cause the proposal to be determined to be non-responsive and the proposal may be rejected.

SEC. 4.04 EXPERIENCE AND QUALIFICATIONS (SUBMITTAL FORM B)

Offerors must provide details on how they meet or exceed the minimum qualifications as listed in Section 1.04.

Offerors must provide a concise narrative on their experience and qualifications as it relates to this project or other field-related experiences.

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

Offerors must provide resumes for those personnel with names and titles that will be assigned to complete the project as a separate attachment to Submittal Form B. Attaching separately will help ensure the resume is not included in public document requests.

The offeror shall not disclose their costs in this Submittal Form. Submission forms shall not exceed the page limit (as described in Section 4.02).

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

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

Offerors must provide a demonstrated understanding of the deliverables, and the time schedule the State is expecting.

Offerors must identify pertinent issues and potential problems related to the project and provide possible solutions for consideration.

The offeror shall not disclose their costs in this Submittal Form. Submission forms shall not exceed the page limit (as described in Section 4.02).

SEC. 4.06 METHODOLOGY USED FOR THE PROJECT (SUBMITTAL FORM

D)

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.

Offerors must propose a facilitation methodology that will align to the size and scope of the project.

Offerors must provide a timeline and coordination plan for ensuring the timely completion of deliverables.

The offeror shall not disclose their costs in this Submittal Form. Submission forms shall not exceed the page limit (as described in Section 4.02).

SEC. 4.07 MANAGEMENT PLAN FOR THE PROJECT (SUBMITTAL FORM

E)

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.

Offerors must provide a clearly organized project team with defined accountability and lines of communication and authority.

The offeror shall not disclose their costs in this Submittal Form. Submission forms shall not exceed the page limit (as described in Section 4.02).

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SEC. 4.08 COST PROPOSAL (SUBMITTAL FORM F)

Offerors must complete and submit this Submittal Form. Proposed costs must include 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.

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SECTION 5. EVALUATION CRITERIA AND CONTRACTOR

SELECTION

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 and responsibility. Proposals deemed non-responsive or non-responsible 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) The Submittal Forms, from each responsive 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 documents 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 (Submittal Form B) 150 Understanding of the Project (Submittal Form C) 150 Methodology Used for the Project (Submittal Form D) 100 Management Plan for the Project (Submittal Form E) 100

Total 500

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Cost Criteria Weight Cost Proposal (Submittal Form F) 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) Highest Total Score Possible (40)

Offeror 3 was awarded 100 points:

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

SEC. 5.04 EXPERIENCE AND QUALIFICATIONS

This portion of the offeror’s proposal will be evaluated against the following questions:

1) Did the offeror provide a comprehensive narrative on how they meet or exceed the minimum requirements as indicated in Sec. 1.04 PRIOR EXPERIENCE.

a. An offeror's failure to meet these minimum prior experience requirements will cause their proposal to be considered non-responsive and rejected.

2) How well did the offeror describe their experience and qualifications as it relates to this project and/or other field-related experiences?

3) Did the offeror provide reference names and phone numbers for similar projects the offeror has completed?

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

SEC. 5.05 UNDERSTANDING OF THE PROJECT

This portion of the offeror’s proposal will be evaluated against the following questions:

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?

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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

This portion of the offeror’s proposal will be evaluated against the following questions:

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 offeror propose a facilitation methodology aligned to the size and scope of the project?

3) Did the offeror provide a timeline and coordination plan for ensuring timely completion of deliverables?

SEC. 5.07 MANAGEMENT PLAN FOR THE PROJECT

This portion of the offeror’s proposal will be evaluated against the following questions:

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

2) How well is accountability completely and clearly defined?

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

SEC. 5.08 CONTRACT COST (COST PROPOSAL)

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:

[(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.

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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

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 +…