RFP 2526H312 AMHS Salvage and Marine Firefighting.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 TRANSPORTATION & PUBLIC

FACILITIES

DIVISION OF PROGRAM MANAGEMENT &

ADMINISTRATIVE SERVICES.

PRIMARY CONTACT:

KAIDEN WARD

PROCUREMENT OFFICER

KAIDEN.WARD@ALASKA.GOV

(907) 465-8446

AMHS SALVAGE AND MARINE FIREFIGHTING

RFP 2526H312

ISSUE DATE JUNE 1, 2026

OPA-90 SALVAGE AND MARINE FIREFIGHTING SERVICES FOR

VESSELS OF THE ALASKA MARINE HIGHWAY SYSTEM

STATE OF ALASKA – REQUEST FOR PROPOSALS RFP 2526H312

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 TELECONFERENCE

SEC. 1.13 ALTERNATE PROPOSALS

SEC. 1.14 NEWS RELEASES

SECTION 2. BACKGROUND INFORMATION

SEC. 2.01 BACKGROUND INFORMATION

SECTION 3. SCOPE OF WORK & CONTRACT INFORMATION

SEC. 3.01 SCOPE OF WORK

SEC. 3.02 CONTRACT TERM 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 CONTRACT PRICE ADJUSTMENTS

SEC. 3.08 LOCATION OF WORK

SEC. 3.09 SUBCONTRACTORS

SEC. 3.10 JOINT VENTURES

SEC. 3.11 RIGHT TO INSPECT PLACE OF BUSINESS

SEC. 3.12 F.O.B. POINT

SEC. 3.13 CONTRACT PERSONNEL

SEC. 3.14 INSPECTION & MODIFICATION - REIMBURSEMENT FOR UNACCEPTABLE DELIVERABLES

SEC. 3.15 CONTRACT CHANGES - UNANTICIPATED AMENDMENTS

SEC. 3.16 NONDISCLOSURE AND CONFIDENTIALITY

SEC. 3.17 INDEMNIFICATION

SEC. 3.18 INSURANCE REQUIREMENTS

SEC. 3.19 TERMINATION FOR DEFAULT

SECTION 4. PROPOSAL FORMAT AND CONTENT

SEC. 4.01 INTRODUCTION

SEC. 4.02 PROPOSAL CONTENTS

SEC. 4.03 EXPERIENCE AND QUALIFICATIONS

SEC. 4.04 UNDERSTANDING OF THE PROJECT

SEC. 4.05 METHODOLOGY USED FOR THE PROJECT

SEC. 4.06 MANAGEMENT PLAN FOR THE PROJECT

SEC. 4.07 COST PROPOSAL

SEC. 4.08 EVALUATION CRITERIA

SECTION 5. EVALUATION CRITERIA AND CONTRACTOR SELECTION

SEC. 5.01 SUMMARY OF EVALUATION PROCESS

SEC. 5.02 EVALUATION CRITERIA

SEC. 5.03 SCORING METHOD AND CALCULATION

SEC. 5.04 EXPERIENCE AND QUALIFICATIONS (15%)

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SEC. 5.05 UNDERSTANDING OF THE PROJECT (5%)

SEC. 5.06 METHODOLOGY USED FOR THE PROJECT (15%)

SEC. 5.07 MANAGEMENT PLAN FOR THE PROJECT (15%)

SEC. 5.08 CONTRACT COST (40%)

SEC. 5.09 ALASKA OFFEROR PREFERENCE (10%)

SECTION 6. GENERAL PROCESS AND LEGAL INFORMATION

SEC. 6.01 INFORMAL DEBRIEFING

SEC. 6.02 ALASKA BUSINESS LICENSE AND OTHER REQUIRED LICENSES

SEC. 6.03 SITE INSPECTION

SEC. 6.04 CLARIFICATION OF OFFERS

SEC. 6.05 DISCUSSIONS WITH OFFERORS

SEC. 6.06 EVALUATION OF PROPOSALS

SEC. 6.07 CONTRACT NEGOTIATION

SEC. 6.08 FAILURE TO NEGOTIATE

SEC. 6.09 OFFEROR NOTIFICATION OF SELECTION

SEC. 6.10 PROTEST

SEC. 6.11 APPLICATION OF PREFERENCES

SEC. 6.12 ALASKA BIDDER PREFERENCE

SEC. 6.13 ALASKA VETERAN PREFERENCE

SEC. 6.14 ALASKA MILITARY SKILLS PROGRAM PREFERENCE

SEC. 6.15 STANDARD CONTRACT PROVISIONS

SEC. 6.16 QUALIFIED OFFERORS

SEC. 6.17 PROPOSAL AS PART OF THE CONTRACT

SEC. 6.18 ADDITIONAL TERMS AND CONDITIONS

SEC. 6.19 HUMAN TRAFFICKING

SEC. 6.20 RIGHT OF REJECTION

SEC. 6.21 STATE NOT RESPONSIBLE FOR PREPARATION COSTS

SEC. 6.22 DISCLOSURE OF PROPOSAL CONTENTS

SEC. 6.23 ASSIGNMENT

SEC. 6.24 FORCE MAJEURE (IMPOSSIBILITY TO PERFORM)

SEC. 6.25 DISPUTES

SEC. 6.26 SEVERABILITY

SEC. 6.27 SUPPLEMENTAL TERMS AND CONDITIONS

SEC. 6.28 SOLICITATION ADVERTISING

SEC. 6.29 FEDERALLY IMPOSED TARIFFS

SECTION 7. ATTACHMENTS

SEC. 7.01 ATTACHMENTS

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INTRODUCTION & INSTRUCTIONS

SEC. 1.01 PURPOSE OF THE RFP

The Department of Transportation and Public Facilities, Alaska Marine Highway System (AMHS), seeks a qualified contractor to perform Salvage and Marine Firefighting (SMFF) services for all current and future vessels in its fleet subject to provisions of the Oil Pollution Act of 1990 (OPA-90). This contract will result in a mandatory use contract with the successful Offeror providing SMFF services as identified in the Vessel Response Plan (VRP) for each vessel in its fleet subject to regulation. The Contractor will also provide as-needed services for incident response and casualty.

SEC. 1.02 BUDGET

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

SEC. 1.03 DEADLINE FOR RECEIPT OF PROPOSALS

Proposals must be received no later than 2:00PM PREVAILING Alaska Standard Time on Monday June 22,2026 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 the criteria in accordance with 33 CFR §155.4050. Offerors must clearly and specifically demonstrate in their proposal response how they meet each of the following:

(1) Offeror is currently working in response service needed.

(2) Offeror has documented history of participation in successful salvage and/or marine firefighting operations, including equipment deployment.

(3) Offeror owns or has contracts for equipment needed to perform response services.

(4) Offeror has personnel with documented training certification and degree experience (Naval Architecture, Fire Science, etc.).

(5) Offeror has 24–hour availability of personnel and equipment, and history of response times compatible with the time requirements in the regulation.

(6) Offeror has on-going continuous training program. For marine firefighting providers, they meet the training guidelines in NFPA 1001, 1005, 1021, 1405, and 1561 (Incorporation by reference, see 33 CFR §155.140), show equivalent training, or demonstrate qualification through experience.

(7) Offeror has successful record of participation in drills and exercises.

(8) Offeror has salvage or marine firefighting plans used and approved during real incidents.

(9) Offeror has membership in relevant national and/or international organizations.

(10) Offeror has insurance that covers the salvage and/or marine firefighting services which they intend to provide.

(11) Offeror has sufficient up-front capital to support an operation.

(12) Offeror has equipment and experience to work in the specific regional geographic environment(s) that the vessel operates in (e.g., bottom type, water turbidity, water depth, sea state and temperature extremes).

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(13) Offeror has the logistical and transportation support capability required to sustain operations for extended periods of time in arduous sea states and conditions.

(14) Offeror has the capability to implement the necessary engineering, administrative, and personal protective equipment controls to safeguard the health and safety of their workers when providing salvage and marine firefighting services.

(15) Offeror has familiarity with the salvage and marine firefighting protocol contained in the local Area Contingency Plans for each Captain of the Port (COTP) area for which they are contracted.

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

SEC. 1.05 REQUIRED REVIEW

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

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

SEC. 1.06 QUESTIONS PRIOR TO DEADLINE FOR RECEIPT OF PROPOSALS

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

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

PROCUREMENT OFFICER: KAIDEN WARD

EMAIL ADDRESS: Kaiden.ward@alaska.gov mailto:Kaiden.ward@alaska.gov

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SEC. 1.07 RETURN INSTRUCTIONS

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

Submitting by US Mail:

Department of Transportation and Public Facilities

Division of Program Management & Administrative Services

Attn: Kaiden Ward

RFP: 2526H312

AMHS Salvage and Marine Firefighting

P.O. Box 112500

Juneau, AK 99811-2500

Submitting by Courier Delivery Service

Department of Transportation and Public Facilities

Division of Program Management & Administrative Services

Attn: Kaiden Ward

RFP: 2526H312

AMHS Salvage and Marine Firefighting

3132 Channel Drive, Suite 350

Juneau, AK 99801

If submitting a proposal via email, the technical proposal and cost proposal must be saved as separate PDF documents and emailed to dot.procurement@alaska.gov as separate, clearly labeled attachments, such as “Vendor A – Technical Proposal.pdf” and “Vendor A – Cost Proposal.pdf” (Vendor A is the name of the offeror).

The email must contain the RFP number in the subject line.

The maximum size of a single email (including all text and attachments) that can be received by the state is 15mb (megabytes). If the email containing the proposal exceeds this size, the proposal 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 proposal, if you are emailing your proposal, the state recommends sending it with enough time to ensure the email is delivered by the deadline for receipt of proposals.

It is the offeror’s responsibility to contact the issuing agency at 907-465-8447 to confirm that the proposal has been received. The state is not responsible for unreadable, corrupt, or missing attachments.

SEC. 1.08 ASSISTANCE TO OFFERORS WITH A DISABILITY

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

SEC. 1.09 AMENDMENTS TO PROPOSALS

Amendments to or withdrawals of proposals will only be allowed if acceptable requests are received prior to the deadline that is set for receipt of proposals. No amendments or withdrawals will be accepted after the deadline unless they are in response to the state's request in accordance with 2 AAC 12.290.

SEC. 1.10 AMENDMENTS TO THE RFP

If an amendment is issued before the deadline for receipt of proposals, the amendment will be posted on the State of Alaska Online Public Notice (OPN) website. The link to the posting of the amendment will be provided to

7 Rev. 8/24 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 Monday June 1, 2026 Pre-Proposal Conference Thursday June 11, 2026 Deadline for Receipt of Proposals / Proposal Due Date Thursday June 25, 2026 Proposal Evaluations Complete Wednesdays July 1, 2026 Notice of Intent to Award Thursday, July 2, 2026

Contract Issued Tuesday, July 14, 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 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 TELECONFERENCE

A pre-proposal Teleconference will be held at 2:00 PM, Alaska Standard Time, on June 11, 2026. The purpose of the Teleconference is to discuss the work to be performed with the prospective offerors and allow them to ask questions concerning the RFP. All questions raised during the meeting must be submitted in writing to the Procurement Officer and will be posted along with the answers on the Alaska Online Public Notice website as an Amendment to the RFP, as soon as possible after the meeting.

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.

If you wish to attend the pre-proposal meeting, participants must register with the procurement officer before the scheduled meeting time. Participants will receive a teams invite or call in number only after registering with the procurement officer.

SEC. 1.13 ALTERNATE PROPOSALS

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

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SEC. 1.14 NEWS RELEASES

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

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SECTION 2. BACKGROUND INFORMATION

SEC. 2.01 BACKGROUND INFORMATION

The State of Alaska (SOA), Department of Transportation & Public Facilities (DOT&PF) operates the Alaska Marine Highway System (AMHS). AMHS is part of the State highway infrastructure, transporting people and vehicles via Marine Vessels. The Alaska Marine Highway System provides year-round passenger and vehicle travel to thirty-six (36) locations along the Alaska Marine Highway with nine (9) vessels currently in the fleet.

This number is expected to fluctuate as AMHS optimizes operations over the next several years. Currently, AMHS’s terminal points are Bellingham, Washington and Dutch Harbor, Alaska, ranging from Washington through Southeast Alaska, the Gulf of Alaska and continuing along the 1,000 mile stretch of the Aleutian Chain to the Bering Sea. Information regarding the vessels and routes is available at the AMHS web site at the following link:

AMHS website link: http://www.dot.state.ak.us/amhs/

At any given time, vessels may be on their designated routes, changing routes, in layup status or in transport to shipyards in Alaska and the contiguous U.S.

AMHS is required by the Coast Guard under 33 CFR Subpart J §155.5010-155.5075, to have contracts in place for salvage, emergency lightering and marine firefighting services. It is further required that contractors for these services have Funding Agreements in place with vessel owners to ensure prompt deployment for and mitigation of potential spills. Under 33 CFR Subpart I §155.5035, AMHS must also have a contractor identified in a Vessel Response Plan for each applicable vessel as being the primary provider of these services. Finally, AMHS is required to conduct response exercises by the Alaska Department of Environmental Conservation for compliance measurement and pursuant to 33 CFR §155.5060.

10 Rev. 8/24

SECTION 3. SCOPE OF WORK & CONTRACT INFORMATION

SEC. 3.01 SCOPE OF WORK

The Department of Transportation & Public Facilities, Division of Alaska Marine Highway System (AMHS), is soliciting proposals for salvage and marine firefighting services

The Contractor will, for the duration of the contract:

1. Perform as salvor for vessels of the AMHS fleet. Active vessels in fleet include:

a. Aurora

b. Columbia

c. Hubbard

d. Kennicott

e. LeConte

f. Lituya

g. Matanuska

h. Tazlina

i. Tustumena

2. Provide salvage, emergency lightering, and marine firefighting services and respond to actual and potential incidents including Worst Case Discharge (WCD) events;

3. Identify and act as the primary resource provider for AMHS in its Coast Guard Vessel Response Plans;

4. Provide and maintain signed Funding Agreement for the duration of the contract including any optional renewal periods;

5. Participate in training exercises, to ensure the AMHS maintains both State and Federal compliance.

SEC. 3.02 CONTRACT TERM AND WORK SCHEDULE

The length of the contract will be from the date of award, approximately July 14, 2026, to July 13, 2027. The contract will have four (4) one (1) year optional renewals. Renewals will be exercised at the sole discretion of 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.

SEC. 3.03 DELIVERABLES

The contractor will be required to provide the following deliverables:

1. Provide salvage, marine firefighting services and emergency firefighting services to specified vessels of the AMHS fleet pursuant to 33 CFR Subpart I, responding to a notification of incident within the

11 Rev. 8/24 response times as listed in 33 CFR Table 155.4030(b), Table 155.4040(c), and defined in 33 CFR §155.4030 and 155.4040.

2. Written consent to be listed in any AMHS Vessel Response Plan (VRP) as the primary resource provider for all salvage and marine firefighting services and resources.

3. Provide a Funding Agreement which adheres to the requirements of 33 CFR Subpart I. The agreement must be signed by both parties and shall either be incorporated into the contract or exist as a separate document.

4. Conduct and participate in exercises in accordance with 33 CFR §155.4052 and comply with the National Preparedness for Response Exercise Program Guidelines or an alternate program which meets the requirements of 33 CFR §155.1060(a) and has been approved under 33 CFR §155.1065.

PERFORMANCE REQUIREMENTS

The Contractor shall, for the duration of the contract:

1. Upon notification of an incident requiring salvage and/or firefighting response be capable of providing, and commit to providing, the services listed in 33 CFR §155.4030(a) through (h) within any of the navigable waters of the United States listed in this section as well as the Outside the Continental United States (OCONUS) region between Alaska and the state of Washington at the rates defined in the offeror's cost proposal.

2. Provide ships, tugs, and other craft that may be required in event of salvage, towing, wreck removal, harbor clearance, firefighting, and/or pollution/spill control, containment, and abatement.

3. Maintain personnel of suitable skill and experience to perform the services listed in 33 CFR §155.4030(a) through (h).

4. Maintain inventory of material and equipment of suitable type and in reasonable quantity.

5. Maintain compliance with any applicable provision or requirement of 33 CFR §155.4010 through §155.4055 not specifically listed in this scope of work as well as keeping current on all applicable federal regulations as they pertain to performance of services. Contractor must notify the DOT&PF Project Manager in writing of any significant changes or regulations that would potentially impact performance of services or compliance.

SEC. 3.04 CONTRACT TYPE

This contract is a Firm Fixed Price agreement that includes authorized price adjustments.

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 Transportation & Public Facilities or the Commissioner's designee. Under no conditions will the state be liable for the payment of

12 Rev. 8/24 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 July 13, 2027.

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.

c. The price adjustment rate will be determined by comparing the percentage difference between the CPI in effect for the base year reported HALF1 (January through June 2023) (depends on the timing, may be HALF2 for July-December); and each HALF1 (or HALF2) thereafter. The percentage difference between those two CPI issues will be the price adjustment rate. No retroactive contract price adjustments will be allowed. All price adjustments must be approved by the Procurement Officer prior to the implementation of the adjusted pricing. Approval shall be in the form of a Contract Amendment issued by the Procurement Officer.

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

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SEC. 3.08 LOCATION OF WORK

Work is expected to be performed primarily at the contractor’s headquarters and within the navigable waters of the United States on AMHS vessels or in close proximity, which includes occasional open sea crossings from Alaska to Washington State.

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

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

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

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

SEC. 3.09 SUBCONTRACTORS

Subcontractors may be used to perform work under this contract. If an offeror intends to use subcontractors, the offeror must identify in the proposal the names of the subcontractors and the portions of the work the subcontractors will perform.

Subcontractor experience will not be considered in determining whether the offeror meets the requirements set forth in SEC. 1.04 PRIOR EXPERIENCE.

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

• complete name of the subcontractor;

• complete address of the subcontractor;

• type of work the subcontractor will be performing;

• percentage of work the subcontractor will be providing;

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

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

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

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

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

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SEC. 3.10 JOINT VENTURES

Joint ventures will not be allowed.

SEC. 3.11 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. 3.12 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. 3.13 CONTRACT PERSONNEL

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

SEC. 3.14 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. 3.15 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. 3.16 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

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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. 3.17 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. 3.18 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 $1,000,000 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.

Protection and Indemnity (Including pollution): covering all vessels used by the Contractor in the performance of services under this agreement with minimum coverage limits of $25,000,000 combined single limit per occurrence.

Non-Owned Aircraft Coverage: Contractor shall maintain Aircraft Liability with limits of not less than 3,000,000 per occurrence and $300,000 per seat for passengers. The policy must include the State of Alaska, its officers, agents, employees and servants as additional insureds, but only insofar as the operations under the contract are concerned.

Marine General Liability: Contractor shall maintain a marine general liability policy with limits of at least $25,000,000.

Ship Repair Endorsement: Contractor shall maintain a ship repair endorsement on their marine general liability insurance to protect against property damage to watercraft in care.

Salvor Endorsement: Contractor shall maintain a salvor endorsement on their marine general liability insurance.

SEC. 3.19 TERMINATION FOR DEFAULT

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

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

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

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SECTION 4. PROPOSAL FORMAT AND CONTENT

SEC. 4.01 INTRODUCTION

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

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

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

SEC. 4.02 PROPOSAL CONTENTS

The following information must be included in all proposals.

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

(b) OFFEROR'S CERTIFICATION By signature on the proposal, offerors certify that they comply with the following:

A. the laws of the State of Alaska;

B. the applicable portion of the Federal Civil Rights Act of 1964;

C. the Equal Employment Opportunity Act and the regulations issued thereunder by the federal government;

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

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

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

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

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

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

(d) CONFLICT OF INTEREST Each proposal shall include a statement indicating whether or not the firm or any individuals working on the contract has a possible conflict of interest (e.g., currently employed by the State of Alaska or formerly employed by the State of Alaska within the past two years) and, if so, the nature of that conflict. The procurement officer

18 Rev. 8/24 reserves the right to consider a proposal non-responsive and reject it or cancel the award if any interest disclosed from any source could either give the appearance of a conflict or cause speculation as to the objectivity of the contract to be performed by the offeror.

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

SEC. 4.03 EXPERIENCE AND QUALIFICATIONS

Offerors must provide clear and comprehensive narrative responses addressing each selection criterion outlined in Section 1.04 of this RFP and in 33 CFR §155.4050(b). Responses must include specific examples of past salvage, emergency lightering, and marine firefighting services, with particular emphasis on work performed in marine environments comparable to those typically encountered by AMHS vessels.

Offerors must also describe the proposed project team structure and provide a personnel roster identifying each individual who will work on the contract. For each individual listed, include the following information:

• Title

• Resume

• Location(s) where work will be performed

• An itemized breakdown of the total cost and estimated hours

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

In support of these narrative descriptions, offerors should provide letters of reference from firms who have fully utilized the types of services described in this RFP if available. Resumes and documentation must be provided in support of Sec. 1.04 (4) as well as any labor categories in the Cost Proposal requiring advanced degrees and certification (e.g. Salvage Master, Naval Architect, etc.). In addition, offerors should provide copies of documents showing membership in any relevant national or international organization.

SEC. 4.04 UNDERSTANDING OF THE PROJECT

Offerors must provide comprehensive narrative statements that illustrate their understanding of the requirements of 33 CFR 155 Subpart I.

SEC. 4.05 METHODOLOGY USED FOR THE PROJECT

Offerors must provide comprehensive narrative statements that set out the methodology they intend to employ that accomplishes the scope of work and meets Coast Guard requirements. Offerors must describe to what extent they possess or have knowledge of any equipment, materials, techniques and methods to be used under full performance of the scope of work.

SEC. 4.06 MANAGEMENT PLAN FOR THE PROJECT

Offerors must provide comprehensive narrative statements that set out the management plan they intend to follow, illustrating how the plan will serve to accomplish the scope of work. The management plan should clearly demonstrate the ability to leverage resources necessary to accomplish the work and to meet Coast Guard requirements.

SEC. 4.07 COST PROPOSAL

Cost proposals must be submitted in the form provided in Attachment 1- Cost Proposal of this RFP. Proposed costs must all direct and indirect costs associated with the performance of the contract, including, but not limited to, 19 Rev. 8/24 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 will be allowed.

SEC. 4.08 EVALUATION CRITERIA

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

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SECTION 5. EVALUATION CRITERIA AND CONTRACTOR SELECTION

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

SEC. 5.01 SUMMARY OF EVALUATION PROCESS

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

1) Proposals will be assessed for overall responsiveness 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) Each responsive Technical Proposal will be sent to the PEC. No cost information will be shared or provided to the PEC.

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

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

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

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

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

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

SEC. 5.02 EVALUATION CRITERIA

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

Overall Criteria Weight Responsiveness Pass/Fail

Qualifications Criteria Weight Experience and Qualifications 150 Understanding of the Project 50 Methodology Used for the Project 150 Management Plan for the Project 150

Total 500

Cost Criteria Weight Cost Proposal 400

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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, 5, or 10, with 10 representing the highest score, 5 representing the average score, and 1 representing the lowest score.

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 score of 10.

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 score of 1.

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 3 10 10 10 10 40 100

Offeror 1 was awarded 75 points:

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

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Offeror 2 was awarded 50 points:

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

Offeror 3 was awarded 100 points:

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

SEC. 5.04 EXPERIENCE AND QUALIFICATIONS (150 POINTS)

Proposals will be evaluated against the questions set out below:

1) Questions regarding the personnel:

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

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

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

2) Questions regarding the firm and subcontractor (if used):

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

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

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

d) If a subcontractor will perform work on the contract, how well do they measure up to the evaluation used for the offeror?

SEC. 5.05 UNDERSTANDING OF THE PROJECT (50 POINTS)

Proposals will be evaluated against the questions set out below:

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

2) How well has the offeror demonstrated a thorough understanding of the challenges of the AMHS operating environment?

3) How well does the offeror show that they clearly understand the key requirements in CFR Subparts I (33 CFR 155.4010–155.4055) and J (33 CFR 155.5010–155.5075)?

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

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SEC. 5.06 METHODOLOGY USED FOR THE PROJECT (150 POINTS)

Proposals will be evaluated against the questions set out below:

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

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

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

SEC. 5.07 MANAGEMENT PLAN FOR THE PROJECT (150 POINTS)

Proposals will be evaluated against the questions set out below:

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

2) How well is accountability completely and clearly defined?

3) Is the organization of the project team clear?

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

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

6) Does it appear that the offeror can meet the response times as…