RFP #2526H08 Whittier Tunnel Operations Maintenance-Federally Funded -Part 1 of 2.pdf

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RFP 2526H008 Whittier Tunnel Operations & Maintenance -Federally Funded
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RFP 2526H008 Whittier Tunnel Operations & Maintenance -Federally Funded
Issued by
North Slope Borough, Alaska

About this file

This is a Request for Proposals (RFP) issued by the Alaska Department of Transportation & Public Facilities (DOT&PF) for maintenance and operations of the Anton Anderson Memorial (Whittier) Tunnel (AAMT). The RFP seeks a qualified firm to provide comprehensive maintenance and operations services for the tunnel, its associated facilities, and systems, including the Portage Lake Tunnel, Tunnel Control Center, Bear Valley Staging Area, portal buildings, and staging areas. The contract is set to run from approximately September 16, 2025, through August 31, 2030, with two potential five-year renewal options. Proposals are due by 2:00 pm Alaska Standard Time on September 2, 2025, with a mandatory pre-proposal conference and site inspection scheduled for August 20, 2025.

The contract is a firm fixed-price contract with potential annual price adjustments based on the Consumer Price Index for Urban Alaska. It is federally funded through the Federal Highway Administration (FHWA), with a required $100,000 bid guarantee and performance bond. Offerors must have a minimum of 15 years of experience with at least three tunnel projects and understanding of the National Tunnel Inspection Program. The evaluation will be based on a 1000-point system, with 600 points for technical qualifications and 400 points for cost. Proposing firms must have an Alaska business license and comply with federal provisions, including Buy America requirements and human trafficking regulations.

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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 TRANSPORTATION &

PUBLIC FACILITIES (DOT&PF)

DIVISION OF PROGRAM MANAGEMENT

AND ADMINISTRATION (PMA)

PRIMARY CONTACT:

CHRIS HUNT

PROCUREMENT OFFICER

chris.hunt@alaska.gov

907-465-8448

WHITTIER TUNNEL OPERATIONS & MAINTENANCE-

FEDERALLY FUNDED

RFP 2526H08

ISSUED AUGUST 8, 2025

The Department of Transportation & Public Facilities (DOT&PF), Division of Program Management and Administration (PMA), is soliciting proposals to provide for the maintenance and operation of the Anton Anderson Memorial (Whittier) Tunnel (AAMT), the Portage Lake Tunnel, Tunnel Control Center and outbuildings, the Bear Valley Staging Area, Bear Valley Portal Building, the AAMT, Whittier Portal Building, and the Whittier Staging Area mailto:chris.hunt@alaska.gov

STATE OF ALASKA – REQUEST FOR PROPOSALS RFP 2526H08

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 A DISABILITY

SEC. 1.09 AMENDMENTS TO PROPOSALS

SEC. 1.10 AMENDMENTS TO THE RFP

SEC. 1.11 RFP SCHEDULE

SEC. 1.12 PRE-PROPOSAL CONFERENCE & OFFEROR SITE INSPECTION

SEC. 1.13 ALTERNATE PROPOSALS

SEC. 1.14 NEWS RELEASES

SEC. 1.15 FEDERAL CONTRACT PROVISIONS

SECTION 2. BACKGROUND INFORMATION

SEC. 2.01 BACKGROUND INFORMATION

SECTION 3. SCOPE OF WORK & CONTRACT INFORMATION

SEC. 3.01 SCOPE OF WORK AND DELIVERABLES

DELIVERABLES 11

SEC. 3.02 CONTRACT TERM AND WORK SCHEDULE

SEC. 3.03 CONTRACT TYPE

SEC. 3.04 PROPOSED PAYMENT PROCEDURES

SEC. 3.05 PROMPT PAYMENT FOR STATE PURCHASES

SEC. 3.06 CONTRACT PAYMENT

SEC. 3.07 CONTRACT PRICE ADJUSTMENTS

SEC. 3.08 LOCATION OF WORK

SEC. 3.09 THIRD-PARTY SERVICE PROVIDERS

SEC. 3.10 SUBCONTRACTORS

SEC. 3.11 JOINT VENTURES

SEC. 3.12 RIGHT TO INSPECT PLACE OF BUSINESS

SEC. 3.13 F.O.B. POINT

SEC. 3.14 CONTRACT PERSONNEL

SEC. 3.15 INSPECTION & MODIFICATION - REIMBURSEMENT FOR UNACCEPTABLE DELIVERABLES

SEC. 3.16 CONTRACT CHANGES - UNANTICIPATED AMENDMENTS

SEC. 3.17 NONDISCLOSURE AND CONFIDENTIALITY

SEC. 3.18 INDEMNIFICATION

SEC. 3.19 INSURANCE REQUIREMENTS

SEC. 3.20 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 SUBCONTRACTORS (SUBMITTAL FORM F)

SEC. 4.09 COST PROPOSAL (SUBMITTAL FORM G)

SEC. 4.10 BID GUARANTEE – PERFORMANCE BOND – SURETY DEPOSIT

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)

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

3 Rev. 8/24

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 STANDARD CONTRACT PROVISIONS

SEC. 6.12 QUALIFIED OFFERORS

SEC. 6.13 PROPOSAL AS PART OF THE CONTRACT

SEC. 6.14 ADDITIONAL TERMS AND CONDITIONS

SEC. 6.15 HUMAN TRAFFICKING

SEC. 6.16 RIGHT OF REJECTION

SEC. 6.17 STATE NOT RESPONSIBLE FOR PREPARATION COSTS

SEC. 6.18 DISCLOSURE OF PROPOSAL CONTENTS

SEC. 6.19 ASSIGNMENT

SEC. 6.20 FORCE MAJEURE (IMPOSSIBILITY TO PERFORM)

SEC. 6.21 DISPUTES

SEC. 6.22 SEVERABILITY

SEC. 6.23 SUPPLEMENTAL TERMS AND CONDITIONS

SEC. 6.24 SOLICITATION ADVERTISING

SEC. 6.25 FEDERALLY IMPOSED TARIFFS

SECTION 7. ATTACHMENTS

SEC. 7.01 ATTACHMENTS

4 Rev. 8/24

INTRODUCTION & INSTRUCTIONS

SEC. 1.01 PURPOSE OF THE RFP

The Department of Transportation & Public Facilities (DOT&PF), Division of Program Management and Administration (PMA), is soliciting proposals to result in a single contract award to a qualified firm to provide for the maintenance and operation of the Anton Anderson Memorial (Whittier) Tunnel (AAMT), the Portage Lake Tunnel, Tunnel Control Center and outbuildings, the Bear Valley Staging Area, Bear Valley Portal Building, the AAMT, Whittier Portal Building, and the Whittier Staging Area, providing efficient and effective service to the people of Alaska, while preserving the State of Alaska's investment for the future.

SEC. 1.02 BUDGET

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

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

SEC. 1.03 DEADLINE FOR RECEIPT OF PROPOSALS

Proposals must be received no later than 2:00 pm prevailing Alaska Standard Time on September 2, 2025 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:

• Must have a minimum of fifteen (15) years of experience with at least three tunnel projects or similar equivalent large scale public projects.

• Must have experience with and understanding of the National Tunnel Inspection Program and its requirements.

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

SEC. 1.05 REQUIRED REVIEW

Offerors should carefully review this solicitation for defects and questionable or objectionable material.

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

SEC. 1.06 QUESTIONS PRIOR TO DEADLINE FOR RECEIPT OF

PROPOSALS

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

5 Rev. 8/24

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: Chris Hunt PHONE 907-465-8448

EMAIL ADDRESS: chris.hunt@alaska.gov FAX: 907-465-3124

SEC. 1.07 RETURN INSTRUCTIONS

Offerors must submit One (1) hard copy of their proposal, in writing, and TWO thumb drives containing electronic copies of the entire proposal. One thumb drive will contain the transmittal information and the technical proposal. One thumb drive will contain the cost proposal. The proposal response should be addressed 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.

Faxed or oral proposals will not be accepted.

The sealed proposal package(s) must be addressed and mailed as follows:

Department of Transportation & Public Facilities Division of Program Management and Administration

Attention: Chris Hunt Request for Proposal (RFP) Number: 2526H08

RFP Title: Whittier Tunnel Operations & Maintenance – Federally Funded

PO Box 112500 3132 Channel Drive, Room 350

Juneau, Alaska 99811-2500

If using a delivery service, please use the following address:

Department of Transportation & Public Facilities Attention: Chris Hunt

3132 Channel Drive, Room 350 Juneau, Alaska 99801

An offeror’s failure to submit its proposal prior to the deadline will cause the proposal to be disqualified.

Late proposals or amendments will not be opened or accepted for evaluation.

Please take into consideration that due to weather, scheduling, and location there is no overnight delivery service to Juneau, Alaska.

Electronic Submission:

If submitting a bid via email, the bid must be emailed to dotstatewideprocurement@alaska.gov as clearly labeled attachments, such as “Vendor A – bid.pdf”. The email must contain the RFP number in the subject line.

mailto:chris.hunt@alaska.gov mailto:dotstatewideprocurement@alaska.gov

6 Rev. 8/24

The maximum size of a single email (including all text and attachments) that can be received by the state is 15 mb (megabytes). If the email containing the proposal exceeds this size, the bid must be sent in multiple emails that are each less than 15 megabytes and each email must comply with the requirements described above.

Please note that email transmission is not instantaneous. Similar to sending a hard copy bid, if you are emailing your bid, the state recommends sending it 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) 465-8447 to confirm that the proposal has been received. The state is not responsible for unreadable, corrupt, or missing attachments.

See RFP SECTION 4.10 BID GUARANTEE AND PERFORMANCE BOND

Note: Failure to submit a bid Guarantee in the proper amount, by the due date and time set for proposal submission, will cause the State to determine the proposal non-responsive and reject the proposal.

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.

7 Rev. 8/24

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 August 8, 2025 Offerors Site Inspection 10:00am August 20, 2025 Pre-Proposal Conference 1:30 pm August 20, 2025 Deadline for Receipt of Proposals / Proposal Due Date 2:00 pm September 2, 2025 Proposal Evaluations Complete September 5, 2025 Notice of Intent to Award September 5, 25 Contract Issued September 16, 25

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

SEC. 1.12 PRE-PROPOSAL CONFERENCE & OFFEROR SITE INSPECTION

A pre-proposal conference will be held virtually via Microsoft Teams, at 1:30 pm, Alaska Time, on August 20, 2025. The State suggests that all potential offerors attend the pre-proposal conference in person. The purpose of the conference is to allow potential offerors the opportunity to inspect the existing Anton Anderson Memorial (Whittier) Tunnel (AAMT), to discuss operations, to discuss the work to be performed with the prospective offerors, and to allow for questions to be asked concerning the RFP. All questions asked during the pre-proposal conference shall be followed up in writing to the procurement officer on record for the RFP. The State’s official answers to questions raised will be issued through an amendment to the RFP and posted to the State of Alaska Online Public Notice Website. The Amendment will be sent to prospective offerors who have registered with the procurement officer, as soon as possible after the meeting.

A non-mandatory site inspection will be held at the Anton Anderson Memorial (Whittier) Tunnel (AAMT), at 10:00 am, Alaska Time, on August 20, 2025. The State employee conducting the site inspection will not answer any questions regarding the RFP and will only show perspective proposers the

To register for the site inspection, please contact Gordon Burton, 907-472-2584 and gordon.burton@alaska.gov or Vernon Vreeland, 907-269-0778, Vernon.vreeland@alaska.gov Offerors should make contact to register a minimum of 24 hours prior to the time and date set for the non-mandatory site inspection.

No representations or statements made during site visits will be binding on the State of Alaska.

Questions, if there are any, should be posed during the pre-proposal conference or as part of the formal mailto:gordon.burton@alaska.gov mailto:Vernon.vreeland@alaska.gov

8 Rev. 8/24

RFP process. Statements made by State officials during site visits or outside the context of the pre-proposal conference noted above cannot be relied on in any way by offerors.

All verbal questions asked by potential offerors during the pre-proposal conference or site inspection must be submitted in writing by the potential offeror so that the State can provide official answers to those questions.

Offerors with a disability needing accommodation should contact the procurement officer prior to the date set for the pre-proposal conference so that reasonable accommodation can be made. Participants may dial into the meeting using the following number:

Meeting Call in Phone Number: 1-907-202-7104

Meeting Pin: 57065670#

9 Rev. 8/24

SEC. 1.13 ALTERNATE PROPOSALS

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

SEC. 1.14 NEWS RELEASES

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

SEC. 1.15 FEDERAL CONTRACT PROVISIONS

Required Contract Provisions for Federal-Aid Contracts, Required Contract Provisions for Federal-Aid Federal Highway Administration (FHWA) Contracts, (Form 25C-55A (10/23)(FHWA Provisions 01/2023) pages 1 through 14 is attached to this document. This contract incorporates the provisions by reference, with the same force and effect as if they were given in full text. The Contractor must identify all known federal requirements that apply to the proposal, the evaluation, or the contract.

CONTRACT FUNDING:

The funding of the resultant contract will be provided by the U.S. Federal Highway Administration (FHWA). Federal funds are identified and appropriated for the first term of the contract. Payment and performance obligations for additional terms of the contract are subject to the availability and appropriation of funds.

STATEMENT OF FINANCIAL ASSISTANCE:

Statement of Financial Assistance: This Procurement is subject in part to financial assistance grants agreement between the State of Alaska and the Federal Highway Administration (FHWA).

Sec. 36.30.890. Federal Assistance If a procurement involves the expenditure of federal funds or federal assistance and there is a conflict between a provision of this chapter or a regulation adopted under a provision of this chapter and a federal statute, regulation, policy, or requirement, the federal statute, regulation, policy, or requirement shall prevail.

2 AAC 12.730. Federal Assistance If a procurement involves the expenditure or federal funds or requires federal assistance and there is a conflict between a provision of this chapter and federal statute, regulation, policy, or requirement, the procurement officer shall comply with the federal statute, regulation, policy, or requirement. Authority:

AS 36.30.040; AS 36.30.890

10 Rev. 8/24

SECTION 2. BACKGROUND INFORMATION

SEC. 2.01 BACKGROUND INFORMATION

The Anton Anderson Memorial Tunnel (AAMT) is located on the Portage Glacier Highway, which connects the City of Whittier and Prince William Sound to the Seward Highway and the rest of South- Central Alaska. The tunnel operation services the Port and City of Whittier, the Alaska Marine Highway System, the freight and tour industries and provides access for recreation on Prince William Sound.

Service began on June 7, 2000, and the facility will be 25 years old on June 7, 2025.

The AAMT is a landmark effort that boasts several "firsts":

• The longest highway tunnel in North America (13,300 feet or 2.5 miles).

• The longest combined rail-highway use tunnel in North America.

• The first tunnel in the United States that has a ventilation system that combines jets and portal fans.

• The first tunnel with a unique computerized traffic control system that regulates both rail and highway traffic.

• The first tunnel designed to operate in temperatures down to minus 40 degrees F. and in winds up to 150 mph.

• Portal Buildings engineered to withstand avalanches.

It is the purpose of this contract to provide for the maintenance and operation of this unique facility, providing efficient and effective service to the people of Alaska, while preserving the State of Alaska's investment for the future.

The facility that services the AAMT is made up of several components:

Portage Lake Tunnel, Tunnel Control Center and outbuildings, the Bear Valley Staging Area, Bear Valley Portal Building, the AAMT, Whittier Portal Building, and the Whittier Staging Area

11 Rev. 8/24

SECTION 3. SCOPE OF WORK & CONTRACT INFORMATION

SEC. 3.01 SCOPE OF WORK AND DELIVERABLES

The Department of Transportation & Public Facilities, is soliciting proposals for from qualified offerors to provide management, operation, and maintenance of areas, and to provide management operation of the Anton Anderson Memorial Tunnel (AAMT), Portage Lake Tunnel, Tunnel Control Center and outbuildings, the Bear Valley Staging Area, Bear Valley Portal Building, the AAMT, Whittier Portal Building, and the Whittier Staging Area.

The Contractor shall be responsible for providing all labor, equipment, tools, supervision, materials, supplies, and any other incidental items necessary for the maintenance, repair, operation and documentation thereof of the AAMT and all facilities and systems. Those systems identified are done so for example purposes and does not imply any limitation of Contractor responsibility. Unspecified features are covered by this contract.

Prior to commencement date, the Contractor shall have completed all training and obtained all permits, certificates and documents required to maintain and operate the AAMT facilities as outlined in this contract. Any cost associated with training, permitting and certification shall be incidental, and should be built into the price proposal. All required documentation shall be submitted to the Contracting Agency prior to commencement of work.

Details of the obligations are outlined in the attached Statement of Services, included as a part of this Request for Proposals (RFP).

DELIVERABLES

The contractor will be required to provide the following deliverables:

A. The Contractor shall provide maintenance and operations for the Whittier Tunnel and its supporting facilities. Services shall include providing a Fire Department, Emergency Response Team, Control Center operations crew and technical support, IT support, toll collection plan and operations

B. Operations and Maintenance requirements are listed in Appendix A Statement of Services (SOS).

SEC. 3.02 CONTRACT TERM AND WORK SCHEDULE

The length of the contract will be from the date of the award, approximately September 16, 2025 through August 31, 2030. This contract contains two (2) five (5) year renewal options to be exercised solely by the State.

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.

12 Rev. 8/24

SEC. 3.03 CONTRACT TYPE

This contract is a Firm Fixed Price contract with adjustments.

SEC. 3.04 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. 3.05 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. 3.06 CONTRACT PAYMENT

No payment will be made until the contract is approved by the Commissioner of the Department of Transportation & Public Facilities 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 CONTRACT PRICE ADJUSTMENTS

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

The Contractor or State may request price adjustments, no sooner than 12 months from the Contract execution date, and no more than once per contract year. Contractors must submit a request to the State at least thirty (30) days prior to the end of the current term. All Requests must be in writing and must be received 30 days prior to the Contract renewal date.

a. If the Contractor or State fail to request a CPI price adjustment 30 days prior to the Contract renewal date, the adjustment will be effective 30 days after the State or Contractor receives their written request.

b. Price adjustments will be made in accordance with the percentage change in the U.S.

Department of Labor, Bureau of Labor and Statistics, Consumer Price Index (CPI-U) for All Urban Consumers, All Items, Urban Alaska.

13 Rev. 8/24

c. The price adjustment rate will be determined by comparing the percentage difference between the CPI in effect for the base year reported HALF1 (December through July 2025); and each HALF1 thereafter. The percentage difference between those two CPI issues will be the price adjustment rate. No retroactive contract price adjustments will be allowed. All price adjustments must be approved by the Procurement Officer prior to the implementation of the adjusted pricing. Approval shall be in the form of a Contract Amendment issued by the Procurement Officer.

d. Approval for all price increases is dependent upon full compliance with the terms of the Contract including reporting requirements.

SEC. 3.08 LOCATION OF WORK

The location(s) the work is to be performed, completed, and managed is at Whittier Tunnel, Portage Glacier Highway, Whittier, Alaska.

The State will provide workspace for the contractor. 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.

SEC. 3.09 THIRD-PARTY SERVICE PROVIDERS

The contractor must provide, on an annual basis, a Type 2 Statement on Standards for Attestation Engagements (SSAE) SOC 1, SOC 2, or SOC 3 report(s). Failure to provide these reports may be treated as a material breach and may be a basis for a finding of default.

SEC. 3.10 SUBCONTRACTORS

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

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

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

14 Rev. 8/24

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

• complete name of the subcontractor;

• complete address of the subcontractor;

• type of work the subcontractor will be performing;

• percentage of work the subcontractor will be providing;

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

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

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

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

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

SEC. 3.11 JOINT VENTURES

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

SEC. 3.12 RIGHT TO INSPECT PLACE OF BUSINESS

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

SEC. 3.13 F.O.B. POINT

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

SEC. 3.14 CONTRACT PERSONNEL

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

15 Rev. 8/24

SEC. 3.15 INSPECTION & MODIFICATION - REIMBURSEMENT FOR

UNACCEPTABLE DELIVERABLES

The contractor is responsible for the completion of all work set out in the contract. All work is subject to inspection, evaluation, and approval by the project director. The state may employ all reasonable means to ensure that the work is progressing and being performed in compliance with the contract. The project director or procurement officer may instruct the contractor to make corrections or modifications if needed in order to accomplish the contract’s intent. The contractor will not unreasonably withhold such changes.

Substantial failure of the contractor to perform the contract may cause the state to terminate the contract.

In this event, the state may require the contractor to reimburse monies paid (based on the identified portion of unacceptable work received) and may seek associated damages.

SEC. 3.16 CONTRACT CHANGES - UNANTICIPATED AMENDMENTS

During the course of this contract, the contractor may be required to perform additional work. That work will be within the general scope of the initial contract. When additional work is required, the project director will provide the contractor 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 Transportation & Public Facilities or the Commissioner's designee.

SEC. 3.17 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.).

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Additional information that the contractor shall hold as confidential during the performance of services under this contract include:

• The contractor will use registered owner information only for the purpose of fulfilling contractual obligations such as relocation or removal of unauthorized vehicles.

• The contractor will hold confidential any police case information or CCTV files. Release of either will only be for the purpose of fulfilling contractual obligations such as providing evidence of property damage to risk management or customer.

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. 3.18 INDEMNIFICATION

The contractor shall indemnify, hold harmless, and defend the contracting agency from and against any claim of, or liability for error, omission, or negligent act of the contractor under this agreement. The contractor shall not be required to indemnify the contracting agency for a claim of, or liability for, the independent negligence of the contracting agency. If there is a claim of, or liability for, the joint negligent error or omission of the contractor and the independent negligence of the contracting agency, the indemnification and hold harmless obligation shall be apportioned on a comparative fault basis.

“Contractor” and “contracting agency”, as used within this and the following article, include the employees, agents and other contractors who are directly responsible, respectively, to each. The term “independent negligence” is negligence other than in the contracting agency’s selection, administration, monitoring, or controlling of the contractor and in approving or accepting the contractor’s work.

SEC. 3.19 INSURANCE REQUIREMENTS

Without limiting 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.

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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. 3.20 TERMINATION FOR DEFAULT

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

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

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

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SECTION 4. PROPOSAL FORMAT 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 to the proposal evaluation committee for evaluation.).

Submittal Form Maximum Page Limits

Submittal Form A – Offeror Information and Certifications 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 – Subcontractors Submittal Form G – Cost Proposal

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.

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.

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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.

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 detail on the personnel assigned to accomplish the work called for in this RFP;

illustrate the lines of authority; designate the individual responsible and accountable for the completion of each component and deliverable of the RFP.

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

Offerors must also provide three (3) reference names and phone numbers for similar projects the offeror’s firm has completed.

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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).

Offerors must provide resumes for those personnel with names and title that will be assigned to complete the project as a separate attachment to Submittal Form B. Resumes will not count against the page limits for this submission.

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.

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.

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.

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. 4.08 SUBCONTRACTORS (SUBMITTAL FORM F)

If using subcontractors, the offeror must complete and submit this Submittal Form.

SEC. 4.09 COST PROPOSAL (SUBMITTAL FORM G)

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.

SEC. 4.10 BID GUARANTEE – PERFORMANCE BOND – SURETY DEPOSIT

Bid Guarantee Proposals must be accompanied by a bid guarantee in the form of a Certified or Cashier's check in the amount of $100,000.00 made payable to the State of Alaska. Bid Bonds will not be accepted. The bid

21 Rev. 8/24 guarantee of each successful proposer will be retained until that proposer has furnished a satisfactory Performance Bond or Individual Surety. If the successful proposer fails to deliver the required Performance Bond or Individual Surety within ten (10)-days from the date the proposer receives notice from the procurement officer, the bid guarantee will be forfeited to the State of Alaska. The bid guarantee of each unsuccessful proposer will be returned as soon as practical after the award has been made. The bid guarantee shall be submitted under the name appearing on the proposer’s current Alaska business license.

Failure to submit a bid guarantee in the proper form and amount, by the due date and time set for proposal submission, will cause the State to determine the bid non-responsive and reject the bid.

Performance Bond Any posted performance bond will ensure performance over the entire term of the contract. In the event it becomes necessary for the State to cancel the contract issued as a result of this RFP due to non-compliance during the term of the contract, regardless of the circumstances or time remaining on the contract, the bonding company shall well and truly perform and complete all obligations and work under said contract in accordance with the terms of the performance bond. The performance bond is to be in the amount of 50% of the contract value. Performance Bonds shall be submitted under the name appearing on the proposer’s current Alaska business license.

Individual Surety Deposit In lieu of a performance and payment bond, a successful proposer may post an individual surety to ensure performance over the entire term of the contract. In the event it becomes necessary for the State to cancel the contract issued as a result of this RFP due to non-compliance during the term of the contract, regardless of the circumstances or time remaining on the contract, the individual surety will be declared as liquidated damages and become due and payable to the State. By signature on the proposal, the proposer acknowledges this condition and voluntarily relinquishes any and all claims to the entire individual surety. The individual surety shall be submitted under the name appearing on the proposer’s current Alaska business license. The individual surety may be in any of the following forms:

• CERTIFIED OR CASHIER'S CHECK: A certified or cashier's check, made payable to the State of Alaska in the amount of 50% of the total contract value.

OR

• SPECIAL NOTICE ACCOUNT OR CERTIFICATE OF DEPOSIT: A special notice account book or certificate of deposit, made payable to the State of Alaska in the amount of 50% of the total contract value.

Failure to supply this document within the time required will cause the State to declare the proposer non-responsible and to reject the bid.

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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. 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) 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…

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