RFQ 270000009 - Kenai Snow Removal.pdf

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RFQ 270000009 Kenai Snow Removal
Solicitation number
RFQ 270000009
Issued by
Kenai Peninsula Borough, Alaska

About this file

This Request for Quotation (RFQ 270000009) is issued by the State of Alaska, Department of Military and Veterans Affairs (DMVA), Facilities Management Office (FMO), to solicit quotes for snow removal and ice control services at the Kenai Army National Guard Facility located at 105 S. Forest Lane, Kenai, Alaska 99611. The contractor shall provide all supervision, materials, equipment, labor, and supplies necessary for snow plowing, sanding, and snow removal on an as-needed basis to maintain access to the Kenai Readiness Center, OMS facility, and associated parking lots, fenced areas, sidewalks, and roads. The scope of work includes five line items: parking lot plowing/snow removal (24 events annually), fenced area plowing/snow removal (24 events annually), parking lot sanding/ice control with F-chip sand (10 events annually), fenced area sanding/ice control with F-chip sand (10 events annually), and end-of-season sand sweeping (1 event annually). Quotations must be received electronically by 2:00 PM Alaska Time on October 30, 2026. The resulting contract will be firm for two years with three additional one-year renewal options exercisable at the State's sole discretion, subject to fund availability and appropriation. Response time for snow plowing is approximately four hours from notification with work completed within twelve hours; sanding response is within four hours of callout. Snow events are expected when accumulation reaches two or more inches, with historical data indicating approximately 24 snow events and 10 sanding events per season in Kenai.

Quotations must be submitted on the provided Quote Schedule with all-inclusive unit pricing covering labor, supervision, equipment, materials, supplies, transportation, overhead, and other necessary costs; pricing must be in U.S. funds and exclude federal, state, and local taxes. Award will be made to the lowest responsive and responsible offeror based on the Total Two-Year Firm Evaluation Price after application of applicable preferences, including Alaska bidder preference (5%), Alaska veteran preference (5%), Alaska Military Skills Program preference (2%), and other statutory preferences. The contractor must employ minimum equipment of a 3/4-ton vehicle or three-yard bucket loader and maintain a representative on-site during all work performance who is fluent in English and empowered to act for the contractor. The State will pay only for services actually ordered and performed; deficiencies must be corrected within 24 hours, and more than three substantiated Service Deficiency Claims in one year may result in default. Contractor must maintain current Alaska business license, comply with all applicable federal and state regulations, obtain annual Level I Antiterrorism Training Certification for all on-site personnel, and submit subcontractor information within five working days of notice. Payment for contracts under $500,000 is due within 30 days of proper invoice receipt or service delivery, whichever is later. The contract is subject to federally-funded compliance requirements detailed in Attachment 1, including nondiscrimination, drug-free workplace, environmental protection, Buy American Act, and reporting requirements for sub-awards and executive compensation.

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{RFQ-1/V1/8.14.24}

REQUEST FOR QUOTATION

Quotations will be received until 10/30/2026 2:00 PM

RFQ No.: 270000009

PURCHASING OFFICE

Department of Military and Veterans Affairs

Page 1 of 31 Date: 10/13/2026

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: Kenai Army National Guard Facility, 105 S. Forest Lane, Kenai, Alaska 99611

BUYER: DMVA Procurement Office / Fernando Vazquez MvaDasProcurement@alaska.gov

VENDOR QUOTATION

KENAI 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 the Kenai Alaska National Guard facility. 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 mailto:MvaDasProcurement@alaska.gov mailto:MvaDasProcurement@alaska.gov

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SPECIFICATIONS / SCOPE OF WORK

The State of Alaska, Department of Military and Veterans Affairs, Alaska National Guard Facilities Management Office is seeking competitive quotes from interested contractors for Snow Removal and Ice Control Services at the Kenai Alaska National Guard Facilities. The snow removal and sanding will be on an as-needed basis. The resulting contract will be performance based. The selected contractor shall provide all supervision, materials, equipment, labor, and supplies necessary to provide snow plowing, sanding, and snow removal to allow access to the identified Kenai facilities.

EQUIPMENT AND RESOURCES: The contractor’s equipment must be suitable for performance of this contract and must meet all pertinent State and federal safety regulations. It will be up to the contractor to determine the types of equipment and resources required to meet the performance demands outlined in the Scope of Work.

SUPERINTENDENCE: The contractor or its 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 written and spoken English, and be competent to adequately perform the contracted services.

SAFE PRACTICES: Acceptable safe practices must be followed in performance of the work. The contractor must comply with all applicable State and federal safety requirements. The safety of the public and employees of the facility must be considered at all times.

DEFECTIVE WORK: The contractor shall, at its own expense, remedy and correct any defect in its work when brought to its attention. The contractor shall be fully responsible for injury or damage to persons or property resulting from its fault or negligence or that of its employees. Where a defect could result in injury, the State reserves the right to correct the deficiency by the most expedient method available 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 performance of this contract. If equipment is stored on site, appropriate measures shall be taken to prevent leaks or spills.

SPILL CONTROL: The contractor shall immediately prepare and submit a Spill Information Collection Sheet whenever there is a suspected or confirmed leak, spill, or release of oil, hazardous substances, or regulated substances not previously identified in the contract documents. The report shall be provided to the project manager promptly.

ACCIDENT REPORTING: Notify the project manager or authorized representative as soon as practical, but not later than four (4) hours after all accidents. Notification will include contractor name, contract title, location, date and time, names of personnel injured, extent of property damage, extent of injury if known, and a brief description of the accident.

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GENERAL DESCRIPTION OF WORK

SCOPE OF WORK - SNOW REMOVAL AND ICE CONTROL SERVICE

A. Provide all supervision, materials, equipment, labor, and supplies necessary for snow plowing, sanding, and snow removal to allow access to the identified facilities in the Kenai area.

B. Sidewalks are inclusive of their assigned areas.

C. 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.

D. Because the National Guard has drill periods on weekends, the contractor may be required to provide snow plowing and sidewalk cleaning on weekends as well as weekdays. The State will not pay contractor overtime costs beyond the agreed contract pricing.

E. The contractor must comply with all applicable State and federal labor, wage, hourly-rate, safety, and associated laws bearing on the services provided.

F. Coordination: It is the contractor’s responsibility to coordinate with the project manager and facility occupants regarding gate keys, movement of vehicles, and other issues related to snow removal.

G. Disposal Sites: Snow generally does not need to be moved great distances because suitable disposal areas are available near the serviced areas. Snow removed under this contract shall be pushed, hauled, or stacked within designated disposal sites.

H. Prohibited Disposal Sites: Snow shall not accumulate where it restricts visibility at roadway, driveway, or parking-lot intersections and shall not be plowed against fences, buildings, equipment, telephone poles, fire hydrants, or storage containers without written authorization.

I. Priorities Schedule: The selected contractor will communicate with the project manager regarding service priorities. Priorities may change depending on conditions or scheduled use.

J. Response Time for Snow Plowing: Approximately four (4) hours from the snow event or call from the project manager or authorized State official, with work completed within twelve (12) hours.

K. Response Time for Sanding: As requested by the project manager or authorized State official, within four (4) hours of callout.

L. Snow Event: The contractor can expect to be called out when snow reaches a depth of two (2) or more inches. A second occurrence may be charged if snow reaches six (6) inches in a twenty-hour period.

M. Priorities Schedule: The selected contractor will communicate with the FMO project manager regarding which locations receive servicing priority. All areas may not be sanded for each occurrence.

N. 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 work is incidental and no additional compensation will be allowed.

O. Historical Information: Historically, Kenai has approximately twenty-four (24) snow events per season using the two-inch protocol and approximately ten (10) sanding events per season.

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SPECIAL SPECIFICATIONS

SANDING - IMPORTANT DETAILS

1. Sanding will be ordered on an as-needed basis for areas identified on the Quote Schedule and map. The contractor will communicate with the project manager regarding when and what areas to sand.

2. Sand will be applied at approximately 0.0081 cubic feet per square yard of area (0.0003 cubic yards per square yard, or 30 cubic yards per 100,000 square yards). If measured by weight, sand should be calculated at approximately 2,600 pounds per cubic yard.

3. The contractor will provide documentation of sand quantities delivered for each occurrence, with scale tickets indicating weight or cubic yards delivered.

4. Sand size shall be F-chip.

5. End-of-Season Sand Sweeping: Offerors must enter a price for the sweeping line item on the Quote

Schedule. A blank price will be interpreted as no additional charge for this service.

PLOWING SPECIFICATIONS FOR ROADS

1. Roads are to be kept clear to a width extending two (2) feet outside painted fog lines. Where no fog lines exist, roads are to be kept clear two (2) feet outside the road edges.

2. Maximum accumulated snow and ice on road surfaces shall be less than one (1) inch.

3. Plowing that does not meet minimum depth and width requirements will be deemed deficient and must be corrected at no additional charge.

MINIMUM EQUIPMENT REQUIREMENTS

The contractor shall use a minimum 3/4-ton vehicle to plow snow. If a bucket loader is used, the minimum bucket size shall be three (3) yards. Failure to use equipment meeting these minimum requirements may result in a Service Deficiency Claim and contract cancellation. No distinction or price allowance will be made for wet, dry, drifted, frozen, or packed snow.

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

CORRECTION OF DEFICIENCIES: All corrections must be accomplished within twenty-four (24) hours of the deficiency. Carryover of non-corrected deficiencies may be grounds for default.

SERVICE CONTRACT DEFICIENCIES: Failure to provide a required service may result in a written Service Deficiency Claim (SDC). If a deficiency is not corrected within twenty-four (24) hours, the State may obtain corrective services from another contractor or State staff and require reimbursement. More than three substantiated SDCs in a one-year period may be grounds for default.

CONTRACTOR AND EMPLOYEE QUALIFICATIONS: The contractor and all employees shall be capable and experienced in the contract work. The State may require removal of a worker whose continued presence is contrary to the public or State’s best interest and may require fingerprinting/background checks. Any associated costs will be borne by the contractor.

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CONDUCT OF WORK: All services shall be performed according to the frequency schedules in this RFQ and without interfering with State business or work being performed by other contractors.

QUOTE SCHEDULE ENTRIES / INVOICES: Offerors must enter a price for each Quote Schedule line item. A blank line will be treated as no additional charge. Invoices must be itemized by occurrence type, date, and building number and include documentation sufficient to identify applicable Quote Schedule line items. Invoices shall be submitted no later than the third working day for the preceding month’s work to mvafmocontracts@alaska.gov.

SERVICE LOCATIONS: Kenai Readiness Center and OMS, including the parking lots, fenced area, sidewalks, roads, and other areas identified on the service-area map and Quote Schedule.

KENAI ARMORY - SNOW REMOVAL SERVICE-AREA MAP

{RFQ-1/V1/8.14.24} PAGE 5

QUOTE SCHEDULE

Kenai 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

Parking lots -plowing / snow removal

24 Events

Fenced area -plowing / snow removal

24 Events

Parking lots -sanding / ice control, including F-chip sand

10 Events

Fenced area -sanding / ice control, including F-chip sand

10 Events

Paved surface 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.

{RFQ-1/V1/8.14.24} PAGE 6

Business Name: Alaska Business License No.:

Authorized Representative: Title:

Signature: Date:

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.

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

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

3. 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.

4. 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.

5. 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.

6. 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.

7. 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

{RFQ-1/V1/8.14.24} PAGE 7

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.

8. 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 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.

9. 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.

10. 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.

11. 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.

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

13. 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.

14. 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.

15. 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.

16. 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.

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17. 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.

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

19. 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.

20. 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.

21. 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.

22. 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.

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23. 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.

24. 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.

25. 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.

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

27. 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.

28. 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.

29. 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.

30. 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.

31. 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.

32. 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.

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33. 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 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.

34. 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.

35. 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.

36. 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.

37. 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)

38. 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)

39. 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)

40. 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.

41. 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.

42. 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.

43. 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).

44. 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.

45. 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;

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.

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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 Coastal Barriers Resource Act (16 U.S.C.

3501 et seq.), concerning preservation of barrier resources.

v. Any existing or proposed component of the National Wild and Scenic Rivers System, and provide help the agency may need to comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.).

vi. Underground sources of drinking water in areas that have an aquifer that is the sole or principal drinking water source, and provide help the agency may need to comply with the Safe Drinking Water Act (42 U.S.C 300H-3).

Section 807. Use of United States Flag Carriers.

A. The contractor and the parties involved, under this contract, agree that travel supported by U.S. Government funds under this agreement shall use U.S.-flag air carriers (air carriers holding certificates under 49 U.S.C. 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. 40118) and the inter-operative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B138942.

B. The contractor and the parties involved, under this contract, agree that it will comply with the Cargo Preference Act of 1954 (46 U.S.C. Chapter 553), as implemented by Department of Transportation regulation at 46 CFR 381.7, and 46 CFR 381.7(b).

Section 808. Debarment and Suspension.

This contract and the parties involved will comply with the requirements regarding debarment and suspension in Subpart C of the OMB guidance in 2 CFR Part 180, as implemented by the DoD in 2 CFR Part 1125. The State agrees to communicate the requirement to comply with Subpart C to persons at the next lower tier with whom the State enters into transactions that are “covered transactions” under Subpart B of 2 CFR part 180 and the DoD implementation in 2 CFR Part 1125.

Section 809. Buy American Act.

The State covenants and agrees that it will not expend any funds appropriated by Congress without complying with The Buy American Act (41 U.S.C.10a, et seq.). The Buy American Act gives preference to domestic end products and domestic construction material. In addition, the Memorandum of Understanding between the United States of America and the European Economic Community (EEC) on Government Procurement, and the North American Free Trade Agreement (NAFTA), provide that EEC and NAFTA end products and construction materials are exempted from application of the Buy American Act.

Section 810. Uniform Relocation Assistance and real Property Acquisition Policies The State covenants and agrees that it will comply with CFR 49 part 24, which implements the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. Section 4601 et seq.) and provides for fair and equitable treatment of persons displaced by federally assisted programs or persons whose property is acquired as a result of such programs.

Section 811. Copeland “Anti-Kickback” Act.

The State and the contractor and all parties involved with this contract covenants and agrees that it will comply with the Copeland “Anti-Kickback” Act (18 U.S.C. Section 874) as supplemented in Department of Labor regulations (29 CFR Part 3). As applied to this agreement, the Copeland “Anti-Kickback” Act makes it unlawful to induce, by force, intimidation, threat of procuring dismissal from employment, or otherwise, any person employed in the construction or repair of public buildings or public works, financed in whole or in part by the United States, to give up any part of the compensation to which that person is entitled under a contract of employment.

Section 812. Contract Work Hours and Safety Standards Act.

The State and the contractor and all parties involved with this contract covenants and agrees that it will comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 3701-3708) as supplemented by Department of Labor

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regulations (29 CFR Part 5). As applied to this agreement, the Contract Work Hours and Safety Standards Act specifies that no laborer or mechanic doing any part of the work contemplated by this agreement shall be required or permitted to work more than 40 hours in any workweek unless paid for all additional hours at not less than 1.5 times the basic rate of pay.

Section 813. Central Contractor Registration and Universal Identifier Requirements.

The contractor and all parties involved with this contract agree to comply with the Central Contractor Registration and Universal Identifier Requirements as indicated below:

A. Requirement for Central Contractor Registration (CCR) Unless you are exempted from this requirement under 2 CFR 25.110, you as the recipient must maintain the currency of your information in the CCR until you submit the final financial report required under this award or receive the final payment, whichever is later. This requires that you review and update the information at least annually after the initial registration, and more frequently if required by changes in your information or another award term.

B. Requirement for Data Universal Numbering System (DUNS) Numbers

If you are authorized to make sub awards under this award, you:

i. Must notify potential sub-recipients that no entity (see definition in paragraph C of this award term) may receive a sub-award from you unless the entity has provided its DUNS number to you.

ii. May not make a sub-award to an entity unless the entity has provided its DUNS number to you.

C. Definitions

For purposes of this award term:

i. Central Contractor Registration (CCR) means the Federal repository into which an entity must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found at the www.sam.gov Internet site.

ii. Data Universal Numbering System (DUNS) number means the nine-digit number established and assigned by Dun and Bradstreet, Inc.

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