RFQ 270000008 Kulis Snow Removal.pdf

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REQUEST FOR QUOTATION

Quotations will be received until 11/5/2026 at 2:00 pm

RFQ No.: 270000008

PURCHASING OFFICE

Department of Military and Veterans Affairs

Page 1 of 32 Date: 10/

VENDOR NOTICE (This is NOT a Purchase Order) This is an informal quotation that will not be read at public opening. The information may be publicly reviewed after award. The terms and conditions should be reviewed and understood before preparing a quotation. The quotation shall be the best net price, FOB destination, to include all delivery charges, but exclude applicable taxes. Delivery schedule and discount for early payment shall be indicated in the spaces provided below. Submit quotations electronically in accordance with the SUBMISSION OF QUOTATIONS instructions provided below.

DELIVERY LOCATION: Kulis Alaska National Guard Facilities, Anchorage, Alaska

BUYER: DMVA Procurement Office / Cortney Bramwell, Procurement Specialist II

VENDOR QUOTATION

KULIS BUILDING 52 SNOW REMOVAL & ICE CONTROL SERVICES

The Department of Military and Veterans Affairs (DMVA), Facility Management Office (FMO), is soliciting quotations for performance-based snow removal and ice control services at Kulis Alaska National Guard facilities. See the Specifications / Scope of Work and Quote Schedule included with this RFQ.

QUOTE PRICING: Complete and return the Quote Schedule provided with this RFQ. Pricing must include all supervision, materials, equipment, labor, supplies, and other costs necessary to perform the required services.

CONTRACT TERM: Two (2) years firm, with three (3) additional one-year renewal options exercisable at the sole discretion of the State, subject to the availability and appropriation of funds.

SUBMISSION OF QUOTATIONS: Quotations must be submitted electronically via email to MvaDasProcurement@alaska.gov and must be received no later than the date and time specified on the cover page of this RFQ. Please include the RFQ number in the email subject line. Late quotations will not be accepted.

THIS SECTION MUST BE COMPLETED BY VENDOR

Delivery shall be made calendar days after receipt of order.

Payment Terms:

Company Name Address City State ZIP Phone Number

Alaska Business License Vendor Tax I.D. No. Do you qualify for the Alaska Bidders' [ ] Yes [ ] No

Typed Name Title

Do you qualify for the Alaska Veteran [ ] Yes [ ] No

Signature Date

Do you qualify for the Military Skills Program Preference?

[ ] Yes [ ] No

INSTRUCTIONS TO BIDDERS

TERMS AND CONDITIONS

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SPECIFICATIONS / SCOPE OF WORK

Snow Removal & Ice Control Service at the KULIS Alaska National Guard Facilities, for the Department of Military and Veterans Affairs, Facility Management Office. This contract will provide snow removal and sanding on an as needed basis. The contract is performance based. The contractor shall provide for all supervision, materials, equipment, labor, and supplies to provide snow plowing, sanding, and snow removal to allow access to all of the identified facilities that the Department of Military and Veterans Affairs maintains in the KULIS areas.

EQUIPMENT AND RESOURCES: The contractor’s equipment must be suitable for the performance of this contract and must meet all pertinent State, and Federal Safety Regulations. (Contact the procurement specialist for information on the applicable environmental regulations) It will be up to the vendor to determine the types of equipment and resources to meet the performance demands of this agreement.

SUPERINTENDENCE: The contractor or his representative shall be on-site at all times during performance of work. The representative must be empowered to act for the contractor, must be fluent in both written and spoken English, and be competent to adequately perform the contracted services.

SAFE PRACTICES: Acceptable safe practices must be followed in the performance of the work. The contractor must comply with all standards prescribed by the State of Alaska, Department of Labor, and Division of Labor Standards and Safety. The safety of the public and employees of the building(s) are to be considered at all times.

DEFECTIVE WORK: (Damage and Protection) The contractor shall, at his/her own expense, remedy and correct any defect in his/her work when the defect is brought to his/her attention. The contractor shall, without additional cost to the State or Building Owner, make good and be fully responsible for all injury or damage to persons or property which may result from his/her fault or negligence or that of his/her employees. This includes damages resulting from the use of materials and equipment or from workmanship, which is inferior, defective, or not in accordance with the terms and conditions of this Request for Quotation. Where or when a defect in the contractor's work could result in injury to a private citizen, Guard or State employee, the State reserves the right to immediately correct the deficiency, using the most expedient method available (State employee or private contractor), and deduct the cost incurred from monies owed the contractor.

PETROLEUM SPILL AND LEAKAGE: The contractor is responsible for all cleanup actions required as a result of spills or equipment leakage during the performance of this contract. If equipment is stored on site appropriate measures shall be taken to prevent leaks or spills (drip pans, absorbent pads or as needed) at the site during performance of this contract. Failure to take reasonable and responsive corrective action in a timely manner will result in the State taking corrective action under the DEFECTIVE WORK paragraph above.

SPILL CONTROL: The contractor shall immediately prepare and submit a Spill Information Collection Sheet whenever there is a suspected or confirmed leak, spills or release of oil, hazardous substances, or regulated substance, not previously identified in the Contract Documents.

This report shall be provided to the Contracting Officer’s Representative or Project Manager in an expeditious manner.

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ACCIDENT REPORTING: Notify the Contracting Officer as soon as practical, but not later than 4 hours after ALL accidents. Notification will include contractor name; contract title; type of contract; name of activity, installation or location where accident occurred; date and time of accident; names of personnel injured; extent of property damage, if any; extent of injury, if known, and brief description of accident (to include type of construction equipment used, PPE used, etc.).

GENERAL DESCRIPTION OF WORK:

SCOPE - SNOW REMOVAL & ICE CONTROL:

A. Contractor shall provide for all supervision, materials, equipment, labor, and supplies to provide snow plowing, sanding and snow removal to allow access to all of the identified facilities that the Department of Military and Veterans Affairs maintains in KULIS area.

B. Sidewalks are inclusive of their assigned areas.

C. The Contractor is to monitor snow fall and commence plowing and cleaning of sidewalks in the areas designated on the attached maps when snow reaches a depth of three (3) to eight (8) inches unless otherwise directed by the Contracting Office or his authorized representative.

D. In the event of heavy snow accumulation during working hours, 7:00 a.m. – 4:00 p.m., the Contractor will be notified and expected to commence work within four (4) hours of notification.

E. Since the National Guard has drill periods on weekends, the Contractor will be required to provide snow plowing and sidewalk cleaning on some weekends as well as weekdays. (NOTE: The state will not pay for contractor overtime costs, only the agreed upon costs of the contract.)

F. The Contractor must comply with all applicable State and Federal labor, wage and hourly rates, safety and associated laws, which have a bearing on the services provided.

1. Coordination

A. Coordination: It is the Contractor’s responsibility to coordinate with the Project Manager and Facility occupants for gate keys and or movement of vehicles or the other problems related with snow removal from any given area.

B. Disposal Sites: Snow generally does not need to be moved for any great distances as there are suitable disposal areas for most facilities at the end of most parking lots. Contractor shall ensure all Spoil (snow removed from areas under this contract) is pushed/hauled/stacked within the designated disposal sites to allow for placement of the nominal seasonal snowfall accumulation for the areas being serviced.

C. Prohibited Disposal Sites: Snow shall not be allowed to accumulate for any reason at any area that would restrict vision for intersections of roadways and driveways and intersections of roadways and parking lots.

Snow shall not be plowed against any fence, buildings, equipment, telephone poles, fire hydrants, or storage containers without written authorization by the Contracting Office.

2. WORK INSPECTIONS: When required, the Contractor's project manager shall be prepared to make an inspection with the State's representative. Inspections with the State's representative will normally take place between 7:00 a.m. and 12:00 p.m. when required.

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3. CORRECTION OF DEFICENCIES: All corrections required must be accomplished within 24 hours of the deficiency. Any carryover of non-corrected deficiencies may be grounds for the State to declare the contractor in default.

4. SERVICE CONTRACT DEFICIENCIES: The contractor's failure to provide a service required by this contract will be grounds for the State to issue a Service Deficiency Claim (SDC) to the contractor. The SDC will be provided to the contractor in writing. The contractor will advise the State, in writing, of the corrective action being taken.

If a deficiency is not corrected within twenty-four (24) hours from the time it is issued, the State may issue another SDC and procure, from another contractor (or state staff) the services necessary to correct the deficiency. The contractor will then be obligated to reimburse the State for the amount required to correct the problem. The project manager will communicate the damages amount to the contractor prior to the next billing cycle.

If a contractor gets more than three (3) substantiated SDCs in a 30 day period, it may be grounds for the State to declare the contractor in default.

5. CONTRACTOR AND EMPLOYEE QUALIFICATIONS: The Contractor and all employees shall be capable and experienced in the contract work to be performed. The State may require removal of any worker from the work area whose continued employment on the premises is deemed contrary to the public or State's best interest. The State may require that the Contractor and all employees to submit to fingerprinting and a background check. If required, it is the responsibility of the Contractor to ensure that this requirement is met without delay. All cost involved will be borne by the Contractor. If identification cards are necessary, the cost will be borne by the Contractor.

6. CONDUCT OF WORK: All services shall be performed during the frequency schedules prescribed in this Request for Quotation. All contract work shall be completed without interfering with the proper performance of State business or work being done by other contractors.

7. PRIORITIES SCHEDULE: The selected contractor will communicate with the state project manager on what priorities to provide during the fulfillment of this agreement, e.g., which areas to receive serving first, second, etc.

8. RESPONSE TIME FOR SNOW PLOWING: Three (3) inches to eight (8) inches per snow event. If snow accumulation reaches more than eight inches in one event and the contractor responds to the next three inch snowfall, then the state will be charged for another response event. The response time will be approximately four

(4) hours from the snow event or call from the project manager or authorized state official and work completed within twelve (12) hours.

9. RESPONSE TIME FOR SANDING: (As requested by the Project Manager or authorized state official – within 4 hours of call out)

10. RESPONSE TIME FOR SNOW REMOVAL: In the event piled snow needs to be physically moved from one area to another (use of loader and dump truck or side dumper), the response period will be one day from the time of the order by the project manager or authorized state official.

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11. SNOW EVENT: A snow fall resulting in an accumulation of three (3) to eight (8) inches of snow within a twenty-four hour period. NOTE: If it snows an additional three (3) inches after the first respondable event, the contractor will be paid for that response but that is all (in a 24 hour period).

12. RESTORATION: All parking areas disturbed by snow removal activities shall be re-graded to form a level parking area and smooth transition to the roadway or sidewalk. This item will be considered incidental to the bid and no added compensation shall be allowed.

All lawn areas disturbed by snow removal activities shall be re-graded to form a smooth transition from the existing lawn to the roadway or sidewalk at a maximum slope of 6:1 and shall be treated by the application of black dirt and seed blanket. This item will be considered incidental to the bid and no added compensation shall be allowed.

Provide pulverized topsoil, seed blanket, and care of grass during establishment period for a complete surface restoration of lawns, parkways, and other areas disturbed as a result of the snow removal activities.

Provide watering, replanting and continue as necessary until a close healthy stand of specified grasses is established.

Scarify the compacted sub grade to a depth of 3 inches to receive the topsoil.

Provide a mixture of black dirt having at least 90 percent passing a No. 10 sieve, free of large roots, brush, sticks, weeds, stones larger than ¼ inch in diameter, and any other debris.

Spread at least 4 inches of prepared topsoil in areas of new grading raked smooth and level. Grade flush with walks, curbs, and paving. This item will be considered incidental to the bid and no added compensation shall be allowed.

13. HISTORICAL INFORMATION: Historically KULIS has about twenty (20) snow events (using the 3 – 8 inch protocol) per season and about ten (10) sanding events per season.

14. SERVICE LOCATIONS: KULIS Readiness center and OMS (see Quote Schedule and map).

Other areas include sidewalks, roads, and other required bid information identified on the Quote Schedule.

SPECIAL SPECIFICATIONS

1. SANDING -- IMPORTANT DETAILS

A. Sanding will be ordered on an as needed basis for the areas identified on the Quote Schedule. The contractor will communicate with the project manager on when and what areas to sand B. Sand will be applied at approximately 0.0081 cubic feet of sand per one square yard of area. (0.0003 cubic yards of sand per square yard or 30 cubic yards of sand per 100,000 square yards of sanded area. If weight is used as a measurement as opposed to volume, sand should be calculated at approximately 2600 pounds per cubic yard

C. Contractor will provide documentation of quantities of sand delivered for each occurrence with scale tickets indicating weight or number of cubic yards delivered. (If invoices from a sand supplier are used, the invoice cost should be deleted.)

D. Sand size should be “F-chip.”

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E. End-of-Season Sand Sweeping: Offerors must enter a price for Item 3, End-of-Season Sand Sweeping, on the Quote Schedule. A blank price will be interpreted as no additional charge for this service. If no price is entered, the Contractor will be required to perform this requirement without additional compensation to the State.

2. PRIORITIES SCHEDULE: The selected contractor will communicate with the FMO project manager regarding which locations receive servicing priority. The priorities may change from one occurrence to the next depending on conditions or scheduled use of the various areas. Under this guideline, all areas might not be sanded for each occurrence.

3. PLOWING SPECIFICATIONS FOR ROADS:

A. Roads are to be kept clear to a width to include two (2) feet outside the white painted lines (fog line) of the road edges. Where no fog lines exist, roads are to be kept clear two (2) feet outside the road edges.

B. Maximum accumulated snow and ice on the road surfaces shall be less than 1 inch.

C. Plowing that does not meet the minimum depth and width requirements will be deemed deficient and the contractor will be required to correct the deficiency at no charge.

4. BID SCHEDULE ENTRIES, INVOICES:

A. When preparing the Quote Schedule, offerors should enter a price for each line item. If a line item is left blank, the service will be required at no additional charge to the State.

B. The project manager may, at his discretion, choose to have some areas NOT serviced for a specific occurrence.

Those decisions will be communicated to the contractor prior to the work actually being done.

C. Invoices will be based on the Quote Schedule and must be itemized by type of occurrence, date, and building number. All invoices must include a sequential number and efforts made to avoid duplication of a previous invoice number. Invoices shall be submitted no later than the third working day for the preceding months’ work, must include supporting documentation sufficient to identify the applicable Quote Schedule line item(s), and emailed to mvafmocontracts@alaska.gov.

5. DESIGNATED AREAS TO MEASURE SNOW DEPTH:

A. Automatic Plowing. Successful contractor is to monitor snowfall and commence plowing when the snowfall reaches a depth of three (3) to eight (8) inches. If the snow reaches a depth of eleven (11) inches or more during a single snow event a second occurrence may be charged.

B. Minimum Equipment Requirements. The contractor shall use a minimum 3/4 ton vehicle to plow snow under a contract resulting from this RFQ. If a bucket loader is used, minimum bucket size shall be 3 yards. Contractor's failure to use equipment meeting these minimum size requirements will result in issuance of a Service Deficiency Claim and may result in cancellation of the contract.

C. Snow is snow and no difference or allowance made for “wet snow,” “dry snow,” “drifted snow,” or ‘frozen or packed snow.”

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KULIS BUILDING 52 – SNOW REMOVAL MAP

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QUOTE SCHEDULE

Kulis Building 52 Snow Removal & Ice Control

Award will be made to the lowest responsive and responsible offeror based on the Total Two-Year Firm Evaluation Price, after application of all applicable preferences. The Total Two-Year Firm Evaluation Price is calculated by multiplying the Total Estimated Annual Price by two (2). Estimated quantities are provided solely for bid evaluation and do not represent a guaranteed minimum or maximum quantity of service.

The unit price for each line item must include all labor, supervision, equipment, materials, supplies, transportation, overhead, and other costs necessary to perform the service described in the RFQ and Scope of Work.

Item Description Est. Qty./Year Unit Price Est. Annual

Extended Price

Snow Plowing / Snow Removal and Sidewalk Clearing, per snow event (3 to 8 inches), in accordance with the Scope of Work

20 Events

Sanding / Ice Control, per event, including F-chip sand, application, and required quantity documentation

10 Events

3 End-of-Season Sand Sweeping, complete 1 Event

TOTAL ESTIMATED ANNUAL PRICE $________________

TOTAL TWO-YEAR FIRM EVALUATION PRICE (Annual Total x 2) $________________

Pricing note: A blank price will be interpreted as no additional charge for that line item. The State will pay only for services actually ordered and performed in accordance with the contract.

Business Name:

Alaska Business License No.:

Authorized Representative:

Title:

Signature: Date:

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1. REQUEST FOR QUOTATION (RFQ) REVIEW: Offerors shall carefully review this RFQ for defects and questionable or objectionable material. Offerors' comments concerning defects and questionable or objectionable material in the RFQ must be made in writing and received by the purchasing authority before the date and time set for receipt of quotes. This will allow time for an amendment to be issued if one is required. It will also help prevent the opening of a defective quote, upon which award cannot be made, and the resultant exposure of offerors' prices. Offerors' original comments should be sent to the purchasing authority listed on the front of this RFQ.

2. QUOTATION FORMS: Offerors shall use this and attached forms in submitting quotes. A photocopied quote may be submitted.

3. SUBMISSION: Quotations shall be signed where applicable and received at the designated Purchasing Office no later than as indicated.

4. QUOTE REJECTION: The State reserves the right to reject any or all quotes, combinations of items, or lot(s), and to waive defects or minor informalities.

5. EXTENSION OF PRICES: In case of error in the extension of prices in the quote, the unit prices will govern; in a lot bid, the lot prices will govern. Negligence by the vendor in preparing the quotation confers no right for the withdrawal of the quotation after it has been opened.

6. ALASKA PROCUREMENT CODE: The Procurement Code (AS.36.30) and its Regulations (2 AAC Ch. 12), are made a part of this document as if fully set forth herein. Note: AS.36.30 and 2 AAC Ch. 12 are available at most public libraries and legislative information offices; and both are available for review at Alaska State Purchasing Offices.

7. PRICES: The offeror shall state prices in the units of issue on this RFQ. Prices quoted for commodities must be in U.S. funds and include applicable federal duty, brokerage fees, packaging, and transportation cost to the FOB point so that upon transfer of title the commodity can be utilized without further cost. Prices quoted for services must be quoted in U.S. funds and include applicable federal duty, brokerage fee, packaging, and transportation cost so that the services can be provided without further cost. Prices quoted must be exclusive of federal, state, and local taxes. If the offeror believes that certain taxes are payable by the State, the offeror may list such taxes separately, directly below the bid price for the affected item. The State is exempt from Federal Excise Tax except the following:

Coal - Internal Revenue Code of 1986 (IRC), Section 4121 - on the purchase of coal;

“Gas Guzzler” - IRC, Section 4064 - on the purchase of low m.p.g. automobiles, except that police and other emergency type vehicles are not subject to the tax;

Air Cargo - IRC, Section 4271 - on the purchase of property transportation services by air;

Air Passenger - IRC, Section 4261 - on the purchase of passenger transportation services by air carriers;

Leaking Underground Storage Tank Trust Fund Tax (LUST) - IRC, Section 4081 - on the purchase of Aviation gasoline, Diesel Fuel, Gasoline, and Kerosene.

8. PAYMENT FOR STATE PURCHASES: 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 which establishes a lower interest rate or precludes the charging of interest.

9. PAYMENT DISCOUNT: Discounts for prompt payment will not be considered in evaluating the price you quote.

However, the State shall be entitled to take advantage of any payment discount(s) offered by the vendor provided payment is made within the discount period. Payment discount periods will be computed from the date of receipt

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of the commodities or services and/or a correct invoice, whichever is later. Unless freight and other charges are itemized, any discount provided will be taken on full amount of invoice.

10. VENDOR TAX ID NUMBER: If goods or services procured through this RFQ are of a type that is required to be included on a Miscellaneous Tax Statement, as described in the Internal Revenue Code, a valid tax identification number must be provided to the State of Alaska before payment will be made.

11. 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.

12. SEVERABILITY: If any provision of this contract is declared by a court to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected; and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular provision held to be invalid.

13. TITLE: Title passes to the State for each item at FOB destination.

14. FILING A PROTEST: An offeror shall attempt to informally resolve a dispute with the procurement officer regarding a small procurement. If the attempt is unsuccessful, the vendor may protest the solicitation or the award of a small procurement contract under AS 36.30.320. The protest must be filed in writing with the commissioner of the purchasing agency or the commissioner’s designee and include the following information: (1) the name, address, and telephone number of the protester; (2) the signature of the protester or the protester's representative;

(3) identification of the contracting agency and the solicitation or contract at issue; (4) a detailed statement of the legal and factual grounds of the protest, including copies of relevant documents; and (5) the form of relief requested.

The protester must file a copy of the protest with the procurement officer for the purchasing agency. Protests will be treated in accordance with AS 36.30.550 and 2 AAC 12.695.

15. COMPLIANCE: In the performance of a contract that results from this RFQ, the contractor must comply with all applicable federal, state, and borough regulations, codes, and laws; and be liable for all required insurance, licenses, permits and bonds; and pay all applicable federal, state, and borough taxes.

16. SUITABLE MATERIALS, ETC.: Unless otherwise specified, all materials, supplies or equipment offered by an offeror shall be new, unused, and of the latest edition, version, model or crop and of recent manufacture.

17. SPECIFICATIONS: Unless otherwise specified in the RFQ, product brand names or model numbers are examples of the type and quality of product required, and are not statements of preference. If the specifications describing an item conflict with a brand name or model number describing the item, the specifications govern.

Reference to brand name or number does not preclude an offer of a comparable or better product, if full specifications and descriptive literature are provided for the product. Failure to provide such specifications and descriptive literature may be cause for rejection of the offer.

18. FIRM OFFER: For the purpose of award, offers made in accordance with this RFQ must be good and firm for a period of ninety (90) days from the date of quote opening.

19. QUOTE PREPARATION COSTS: The State is not liable for any costs incurred by the offeror in quote preparation.

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20. DISCLOSURE OF QUOTE CONTENTS: This section governs the ownership, return, and disclosure of any offer or other record a bidder submits in response to this request for quotations. (Herein, any reference to “Record” includes all such records and the offer; any reference to “Law” includes any federal or State of Alaska (State) law, including any court or administrative order or rule.)

1. All Records belong to the State.

2. The State has sole discretion regarding whether to return any Record. In exercising this discretion, the

State will comply with all Laws.

3. Unless a notice of award is issued, the State will, to the extent permitted by Law, consider all Records confidential and not subject to the Alaska Public Records Act (APRA).

4. If, and when a notice of award is issued, the State will consider nonconfidential any Record unless, at the time of submission, the bidder undertook the following protective measures:

a. marked information confidential;

b. for any information marked confidential, identified the authority that makes that specific information confidential; and

c. committed, in writing, to explain in detail, including with affidavits and briefs, why each authority applies in any court or administrative proceeding in which any nondisclosure is challenged.

5. If the bidder did not undertake each protective measure, the State will not consider any information in a

Record confidential: the State will disclose the entire Record without any redaction in response to an APRA or other request or, if it chooses, in the absence of a request and the State will disclose the entire Record without notifying the bidder.

6. If the bidder undertook each protective measure, the State will withhold the information marked confidential to the following extent:

a. the State agrees that the Law protects the information; and

b. if the nondisclosure is challenged, the bidder fulfills its commitment to explain, including with affidavits and briefs, how each authority applies to the information marked confidential.

7. The State will only notify a bidder of a request for the Record and of a planned release if the bidder undertook each protective measure, but the State disagrees that the marked information is protected. If there is such a disagreement, then before releasing the Record, the State will, to the extent permitted by Law and practicable, notify the bidder that it will disclose the information unless the bidder convinces the State not to or obtains an order prohibiting disclosure.

21. CONSOLIDATION OF AWARDS: Due to high administrative costs associated with processing of purchase orders, a single low quote of $50 or less may, at the discretion of the State, be awarded to the next low offeror receiving other awards for consolidation purposes. This paragraph is not subject to the protest terms enumerated in “FILING A PROTEST” above.

22. CONTRACT FUNDING: Offerors are advised that funds are available for the initial purchase and/or the first term of the contract. Payment and performance obligations for succeeding purchases and/or additional terms of the contract are subject to the availability and appropriation of funds.

23. CONFLICT OF INTEREST: An officer or employee of the State of Alaska may not seek to acquire, be a party to, or possess a financial interest in, this contract if (1) the officer or employee is an employee of the administrative unit that supervises the award of this contract; or (2) the officer or employee has the power to take or withhold official action so as to affect the award or execution of the contract.

24. ASSIGNMENT(S): Assignment of rights, duties, or payments under a contract resulting from this RFQ is not permitted unless authorized in writing by the procurement officer of the contracting agency. Quotes that are conditioned upon the State’s approval of an assignment will be rejected as nonresponsive.

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25. SUBCONTRACTOR(S): Within five (5) working days of notice from the state, the apparent low bidder must submit a list of the subcontractors that will be used in the performance of the contract. The list must include the name of each subcontractor and the location of the place of business for each subcontractor and evidence of each subcontractor’s valid Alaska business license.

26. FORCE MAJEURE (Impossibility to perform): The parties to a contract resulting from this RFQ are not liable for the consequences of any failure to perform, or default in performing, any of its obligations under the contract, if that failure or default is caused by any unforeseeable Force Majeure, beyond the control of, and without the fault or negligence of, the respective party. For the purposes of this Agreement, Force Majeure will mean war (whether declared or not); revolution; invasion; insurrection; riot; civil commotion; sabotage; military or usurped power;

lightning; explosion; fire; storm; drought; flood; earthquake; epidemic; quarantine; strikes; acts or restraints of governmental authorities affecting the project or directly or indirectly prohibiting or restricting the furnishing or use of materials or labor required; inability to secure materials, machinery, equipment or labor because of priority, allocation or other regulations of any governmental authorities.

27. LATE QUOTES: Late quotes are quotes received after the time and date set for receipt of the quotes. Late quotes will not be accepted.

28. CONTRACT EXTENSION: Unless otherwise provided in this RFQ, the State and the successful offeror/contractor agree: (1) that any holding over 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) to provide written notice to the other party of the intent to cancel such month-to-month extension at least thirty (30) days before the desired date of cancellation.

29. DEFAULT: In case of default by the contractor, for any reason whatsoever, the State of Alaska may procure the goods or services from another source and hold the contractor responsible for any resulting excess cost and may seek other remedies under law or equity.

30. DISPUTES: If a contractor has a claim arising in connection with a contract resulting from this RFQ that it cannot resolve with the State by mutual agreement, it shall pursue a claim, if at all, in accordance with the provisions of AS 36.30.620 – 632.

31. GOVERNING LAW; FORUM SELECTION: A contract resulting from this RFQ is governed by the laws of the State of Alaska. To the extent not otherwise governed by section 29 of these Standard Terms and Conditions, any claim concerning the contract shall be brought only in the Superior Court of the State of Alaska and not elsewhere.

32. CONSUMER ELECTRICAL PRODUCT: AS 45.45.910 requires that "...a person may not sell, offer to sell, or otherwise transfer in the course of the person's business a consumer electrical product that is manufactured after August 14, 1990, unless the product is clearly marked as being listed by an approved third party certification program." Electrical consumer products manufactured before August 14, 1990, must either be clearly marked as being third party certified or be marked with a warning label that complies with AS 45.45.910(e). Even exempted electrical products must be marked with the warning label. By signature on this quote the offeror certifies that the product offered is in compliance with the law. A list of approved third party certifiers, warning labels and additional information is available from: Department of Labor, Labor Standards & Safety Division, Mechanical Inspection Section, P.O. Box 107020, Anchorage, Alaska 99510-7020, (907)269-4925.

33. CONTINUING OBLIGATION OF CONTRACTOR: Notwithstanding the expiration date of a contract resulting from this RFQ, the contractor is obligated to fulfill its responsibilities until warranty, guarantee, maintenance and parts availability requirements have completely expired.

34. ORDER DOCUMENTS: Except as specifically allowed under this RFQ, an ordering agency will not sign any vendor contract. The State is not bound by a vendor contract signed by a person who is not specifically authorized

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to sign for the State under this RFQ. The State of Alaska Purchase Order, Contract Award and Delivery Order are the only order documents that may be used to place orders against the contract(s) resulting from this RFQ.

35. BILLING INSTRUCTIONS: Invoices must be billed to the ordering agency's address shown on the individual Purchase Order, Contract Award or Delivery Order. The ordering agency will make payment after it receives the merchandise or service and the invoice. Questions concerning payment must be addressed to the ordering agency.

36. OFFERORS WITH DISABILITIES: The State of Alaska complies with Title II of the Americans with Disabilities Act of 1990. Individuals with disabilities who may need auxiliary aids, services, and/or special modifications to participate in this procurement should contact the procurement officer named on the cover page of this RFQ as soon as possible, but no later than the date and time quotations are due to make any necessary arrangements.

37. COMPLIANCE WITH ADA: By signature of their quote the bidder certifies that they comply with the Americans with Disabilities Act of 1990 and the regulations issued thereunder by the federal government. Services or activities furnished to the general public on behalf of the State must be fully accessible. This is intended to ensure that agencies are in accordance with 28 CFR Part 35 Section 35.130 and that services, programs or activities furnished to the public through a contract do not subject qualified individuals with a disability to discrimination based on the disability.

38. ALASKA BIDDER PREFERENCE: The award of a contract based on a Request for Quotation (RFQ) will be made to the lowest responsive and responsible bidder after an Alaska bidder preference of five percent (5%) has been applied. An "Alaska bidder" is a person who: (1) holds a current Alaska business license; (2) submits a bid for goods, services, or construction under the name as appearing on the person's current Alaska business license; (3) has maintained a place of business within the state staffed by the bidder or an employee of the bidder for a period of six months immediately preceding the date of the bid; (4) is incorporated or qualified to do business under the laws of the state, is a sole proprietorship and the proprietor is a resident of the state, is a limited liability company organized under AS 10.50 and all members are residents of the state, or is a partnership under AS 32.06 or AS 32.11 and all partners are residents of the state; and, (5) if a joint venture, is composed entirely of ventures that qualify under

(1) - (4) of this subsection. AS 36.30.170, AS 36.30.321(a) and AS 36.30.990(2)

39. ALASKA MILITARY SKILLS PROGRAM PREFERENCE: If a bidder qualifies for the Alaska bidder preference under AS 36.30.321(a) and AS 36.30.990(2) and is a qualifying entity as defined in AS 36.30.321(f), they will be awarded an Alaska Military Skills Program preference of two percent (2%). The preference will be given to an entity which (1) Employs at least one person who is currently enrolled in, or within the previous two years graduated from, a United States Department of Defense SkillBridge or United States Army career skills program for service members or spouses of service members that offers civilian work experience through specific industry training, pre-apprenticeships, registered apprenticeships, or internships during the last 180 days before a service member separates or retires from the service; or (2) has an active partnership with an entity that employs an apprentice through a program described above, and may not exceed $5,000. The bidder must also add value by actually performing, controlling, managing, and supervising the services provided, or for supplies, the bidder must have sold supplies of the general nature solicited to other state agencies, other governments, or the general public. AS 36.30.321(i)

40. ALASKA VETERAN PREFERENCE: If a bidder qualifies for the Alaska bidder preference under AS 36.30.321(a) and AS 36.30.990(2) and is a qualifying entity as defined in AS 36.30.321(f), they will be awarded an Alaska veteran preference of five percent (5%). The preference will be given to a (1) sole proprietorship owned by an Alaska veteran; (2) partnership under AS 32.06 or AS 32.11 if a majority of the partners are Alaska veterans; (3) limited liability company organized under AS 10.50 if a majority of the members are Alaska veterans; or (4) corporation that is wholly owned by individuals and a majority of the individuals are Alaska veterans, and may not exceed $5,000. The bidder must also add value by actually performing, controlling, managing, and supervising the

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services provided, or for supplies, the bidder must have sold supplies of the general nature solicited to other state agencies, other governments, or the general public. AS 36.30.321(i)

41. USE OF LOCAL FOREST PRODUCTS: In a project financed by state money in which the use of timber, lumber and manufactured lumber is required, only timber, lumber and manufactured lumber products originating in this state shall be used unless the use of those products has been determined to be impractical, in accordance with AS

36.15.010 and AS 36.30.322.

42. LOCAL AGRICULTURAL AND FISHERIES PRODUCTS PREFERENCE: When agricultural, dairy, timber, lumber, or fisheries products are purchased using state money, a seven percent (7%) preference shall be applied to the price of the products harvested in Alaska, or in the case of fisheries products, the products harvested or processed within the jurisdiction of Alaska, in accordance with AS 36.15.050.

43. ALASKA PRODUCT PREFERENCE: A bidder that designates the use of an Alaska Product which meets the requirements of the RFQ specification and is designated as a Class I, Class II or Class III Alaska Product by the Department of Commerce & Economic Development shall receive a preference in the bid evaluation in accordance with AS 36.30.332 and 3 AAC 92.010.

44. EMPLOYMENT PROGRAM PREFERENCE: If a bidder qualifies for the Alaska bidder preference, under AS 36.30.321(a) and AS 36.30.990(2), and is offering goods or services through an employment program as defined under 36.30.990(12), they will be awarded an Employment Program Preference of fifteen percent (15%) in accordance with AS 36.30.321(b).

45. ALASKANS WITH DISABILITIES PREFERENCE: If a bidder qualifies for the Alaskan bidder's preference under AS 36.30.321(a) and AS 36.30.990(2), and is a qualifying entity as defined AS 36.30.321(d), the will be awarded an Alaskans with Disabilities Preference of ten percent (10%) in accordance with AS 36.30.321(d). A bidder may not receive both an Employment Program Preference and an Alaskans with Disabilities Preference.

46. PREFERENCE QUALIFICATION LETTER: Regarding preferences 43 and 44 above, the Division of Vocational Rehabilitation in the department of Labor and Workforce Development maintains lists of Alaskan: [1] employment programs that qualify for preference and [2] individuals who qualify for preference as Alaskan's with disabilities. In accordance with AS 36.30.321(i), in order to qualify for one of these preferences, a bidder must add value by actually performing, controlling, managing, and supervising the services provided, or for supplies, a bidder must have sold supplies of the general nature solicited to other state agencies, governments, or the general public.

As evidence of an individual's or a business' qualification for a certain preference, the Division of Vocational Rehabilitation will issue a certification letter. To take advantage of the preferences 43 or 44 above, an individual or business must be on the appropriate Division of Vocational Rehabilitation list at the time the quote is opened, and must attach a copy of their certification letter to their quote. The bidder’s failure to provide this certification letter with their quote will cause the State to disallow the preference.

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ATTACHMENT 1

Supplemental Requirements for DMVA/FMO Federally Funded Contracts | 2013 Section 801. Applicable Law.

The Successful Contractor will comply with the following Applicable Laws. To view any referenced Laws or Statutes in their entirety please contact the Project Manager.

Section 802. Governing Regulations.

This contract and the parties involved with this contract will comply with, the provisions of 32 CFR Part 33, Uniform Administrative Requirements for Grants and Cooperative Agreements, DoD Grant and Agreement Regulations (DoDGARS) (DoD 3210.6- R) as amended, Title 2 Code of Federal Regulations (CFR) Part 225, and NGR 5-1.

Section 803. Nondiscrimination.

This contract and the parties involved with this contract will comply with the following national policies prohibiting discrimination:

A. On the basis of race, color or national origin, in Title VI of the Civil Rights Act of 1964 (42 U.S.C. Section 2000d et seq.), as implemented by DoD regulations at 32 CFR Part 195.

B. On the basis of race, color or national origin, in Executive Order 11246 as implemented by Department of Labor regulations at 41 CFR Chapter 60.

C. On the basis of sex or blindness, in Title IX of the Education Amendments of 1972 (20 U.S.C. Section 1681, et seq.), as implemented by DoD regulations at 32 CFR Part 196.

D. On the basis of age, in The Age Discrimination Act of 1975 (42 U.S.C. Section 6101, et seq.), as implemented by Department of Health and Human Services regulations at 45 CFR Part 90.

E. On the basis of handicap, in Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), as implemented by Department of Justice regulations at 28 CFR part 41 and DoD regulations at 32 CFR Part 56.

Section 804. Lobbying.

A. The State covenants and agrees that it will not expend any funds appropriated by Congress to pay any person for influencing or attempting to influence an officer or employee of any agency, or a Member of Congress in connection with any of the following covered federal actions. The awarding of any federal contract; the making of any federal grant; the making of any federal loan;

the entering into of any CA; and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or Cooperative Agreement.

B. The Final Rule, New Restrictions on Lobbying, issued by the Office of Management and Budget and the Department of Defense (32 CFR Part 28) to implement the provisions of Section 319 of Public Law 101-121 (31 U.S.C. Section 1352) is incorporated by reference and the state agrees to comply with all the provisions thereof, including any amendments to the Interim Final Rule that may hereafter be issued.

Section 805. Drug-Free workplace.

This contract and the parties involved with this contract will comply with the requirements regarding drug-free workplace requirements in of 32 CFR Part 26, which implements Section 5151-5160 of the Drug-Free Workplace act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C. 701, et seq.).

Section 806. Environmental Protection.

A. The contractor and all parties, under this contract, agree that its performance under this Agreement shall comply with:

i. The requirements of Section 114 of the Clean Air Act (42 U.S.C. Section 7414);

ii. Section 308 of the Federal Water Pollution Control Act (33 U.S.C. Section 1318), that relates generally to inspection, monitoring, entry reports, and information, and with all regulations and guidelines issued thereunder;

iii. The Resources Conservation and Recovery Act (RCRA);

iv. The Comprehensive Environmental Response, Compensation and Liabilities Act (CERCLA);

v. The National Environmental Policy Act (NEPA);

vi. The Solid Waste Disposal Act (SWDA));

vii. The applicable provisions of the Clean Air Act (42 U.S.C. 7401, et seq.) and Clean Water Act (33 U.S.C. 1251, et seq.), as implemented by Executive Order 11738 and Environmental Protection Agency (EPA) rules at 40 CFR Part 31;

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viii. To identify any impact this award may have on the quality of the human environment and provide help as needed to comply with the National Environmental Policy Act (NEPA, at 42 U.S.C. 4321, et seq.) and any applicable federal, state or local environmental regulation.

B. In accordance with the EPA rules, the party further agrees to also identify to the awarding agency (State of Alaska \ Department of Military and Veterans Affairs \ Facilities Management Office) any impact this award may have on:

i. The quality of the human environment, and provide help the agency may need to comply with the National Environmental Policy Act (NEPA, at 42 U.S.C 4321, et seq.) and to prepare Environment Impact Statements or other required environmental documentation. In such cases, the recipient agrees to take no action that will have an adverse environmental impact (e.g., physical disturbance of a site such as breaking of ground) until the agency provides written notification of compliance with the environmental impact analysis process.

ii. Flood-prone areas, and provide help the agency may need to comply with the National Flood Insurance Act of 1968 and Flood Disaster Protection Act of 1973 (42 U.S.C. 4001, et seq.), which require flood insurance, when available, for federally assisted construction or acquisition in flood-prone areas.

iii. Coastal zones, and provide help the agency may need to comply with the Coastal Zone Management Act of 1972 (16 U.S.C. 1451, et seq.), concerning protection of U.S. coastal resources.

iv. Coastal barriers, and provide help the agency may need to comply with the…