RFQ 27022 Akiak M&I Engine Purchase.pdf

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Request For Quotation

RFQ NO: 27022

Project:

Akiak Engine Purchase

RETURN BY EMAIL

AEAProcurement@akenergyauthority.org

Quote Due: 2:00 PM AKST October 29, 2026 Page 1 of 33 Date: October 15, 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. Please return the quotation by the above time and date to the address: AEAProcurement@akenergyauthority.org.

Please reference the RFQ number on the SUBJECT of the email.

DELIVERY LOCATION:

F.O.B. AEA Warehouse Anchorage Ak

BUYER: Alaska Energy Authority Justin Tuomi, Project Manager

(907) 771-3093

VENDOR QUOTATION

Item Description of Supply or Service Qty Unit Unit

Price Extended

Price

1 298 HP John Deere 6090 AFM 85 Tier 3 Marine Engine with modifications and accessories as specified. See Appendix C. 1 EA

Base Bid Total $

2 Perform 8 hour load test on engine as specified. See Appendix C. 1 EA

Additive Alternate Total $

THIS SECTION MUST BE COMPLETED BY VENDOR

In order for a quote to be valid, Vendor must acknowledge receipt of all addenda.

In the space below write the number of each addenda received (e.g. 1, 2. 3). If none were issued write NONE.

Addenda Received:

Delivery is desired no later than 12 calendar weeks after contract award. Note that the delivery schedule is critical to the project so an extremely long delivery time may cause a quote to be declared not responsive unless no quotes can meet the desired delivery time.

Provide a firm delivery in calendar weeks:

Company Name Address City State ZIP Code Phone Number

Alaska Business License No. Vendor Tax I.D. No. Do you qualify for the Alaska Bidders’ Preference?

N/A

Typed Name and Title: Do you qualify for the Alaska Veteran Preference?

N/A

Signature Date

Do you qualify for the Military Skills Program Preference?

N/A mailto:AEAProcurement@akenergyauthority.org mailto:AEAProcurement@akenergyauthority.org

INSTRUCTIONS TO BIDDERS

TERMS AND CONDITIONS

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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: Alaska Energy Authority Procurement for Managed Grants is governed by Code 3 AAC 109 which is a part of this document as if fully set forth herein. Note that 3 AAC 109 is available at https://www.akleg.gov/basis/aac.asp#3.109

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 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.

https://www.akleg.gov/basis/aac.asp#3.109

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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.

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.)

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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.

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.

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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 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.

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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. AWARD OF CONTRACT: The Authority reserves the right to reject any and all quotes when such rejection is in the best interest of the State; to reject the bid of a bidder who has previously failed to perform properly, or complete on time, contracts of a similar nature; to reject the bid of a bidder who is not, in the opinion of the Contracting Officer, in a position to perform the contract; and to reject a bid as non-responsive where the bidder fails to furnish the required documents, fails to complete required documents in the manner directed, or makes unauthorized alterations to the bid documents.

a. A letter of award, if the contract is to be awarded, will be issued to the lowest responsible and responsive bidder as soon as practical and usually within 10 calendar days after opening of quotes.

b. The successful bidder will be notified of the Authority's intent to award the contract.

c. The contract will be awarded to the successful bidder following receipt by the Authority of all required documents, properly executed, within the time specified in the intent to award.

39. FEDERAL ASSURANCES: Because this contract is funded with federal funds, the provisions of Appendix B, Federal Assurances, shall apply. When submitting the quote, the vendor shall include the Debarment Certificate from Appendix B.

40. COMPLIANCE WITH BABA: The funding for this project is exempt from Build America, Buy America Act requirements.

See Appendix B, paragraph B.13 for explanation of waiver.

Alaska Energy Authority Request for Quotation Appendix B – Federal Assurances

Appendix B - 1

APPENDIX B – FEDERAL ASSURANCES

Because this contract is funded with federal funds, the following contract provisions shall apply, where applicable, to all work performed on the contract by the contractor’s own organization and by subcontractors. As provided in this Section, the contractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions and further require their inclusion in any lower tier subcontracts or purchase orders that may in turn be made. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with all applicable Required Contract Provisions.

B.1 BREACHES AND DISPUTE RESOLUTION.

Contracts in excess of $250,000. Any dispute arising under this Contract which is not disposed of by mutual agreement shall be resolved in accordance with 2 AAC 108.915.

B.2 TERMINATION.

Contracts in excess of $10,000. This Contract may be terminated by either party upon 10 days written notice if the other party fails substantially to perform in accordance with its terms through no fault of the party initiating the termination (“Default Termination”). If the Authority terminates this agreement, the Authority will pay the Contractor a sum equal to the percentage of Work completed that can be substantiated either by the Contractor to the satisfaction of the Authority, or by the Authority. If the Authority becomes aware of any non-conformance with the Work or this agreement by the Contractor, the Authority will promptly notify the Contractor in writing of the non-conformance. Should the Contractor’s Work remain in non-conformance after having received written notification, the percentage of total compensation attributable to the non-conforming Work may be withheld. The Authority may at any time suspend or terminate (“Convenience Termination”) this Agreement for its needs or convenience with or without cause upon written notice. In the event of a Convenience Termination, the Contractor will be compensated for all authorized Work and authorized expenditures performed to the date of receipt of written notice of termination plus reasonable expenses. No fee or other compensation will be due for any incomplete portion of the Work.

B.3 EQUAL EMPLOYMENT OPPORTUNITY.

Except as otherwise provided under 41 CFR Part 60, all construction contracts must include, and all contractors and subcontractors must comply with, the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

B.4 DAVIS-BACON ACT, AS AMENDED (40 U.S.C. 3141-3148).

Construction contracts in excess of $2,000 are required to comply with the Davis-Bacon Act (40 U.S.C.

3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”).

Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must pay wages not less than once a week. A copy of the current prevailing wage determination issued by the Department of Labor is included in this solicitation. Contract and subcontract awards must be conditioned upon the acceptance of the wage determination. All suspected or reported violations must be reported to the Federal awarding agency.

https://www.ecfr.gov/current/title-41/part-60 https://www.ecfr.gov/current/title-41/section-60-1.4#p-60-1.4(b) https://www.ecfr.gov/current/title-41/section-60-1.4#p-60-1.4(b) https://www.federalregister.gov/citation/30-FR-12319 https://www.federalregister.gov/citation/30-FR-12935 https://www.ecfr.gov/current/title-3 https://www.ecfr.gov/current/title-3/part-1964 https://www.ecfr.gov/current/title-41/part-60 https://www.ecfr.gov/current/title-41/part-60 https://www.govinfo.gov/link/uscode/40/3141 https://www.govinfo.gov/link/uscode/40/3141 https://www.govinfo.gov/link/uscode/40/3141 https://www.govinfo.gov/link/uscode/40/3146 https://www.ecfr.gov/current/title-29/part-5

Appendix B - 2

B.5 COPELAND “ANTI-KICKBACK” ACT (40 U.S.C. 3145)

Construction contracts in excess of $2,000 are required to comply with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). Each contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. All suspected or reported violations must be reported to the Federal awarding agency.

B.6 CONTRACT WORK HOURS/SAFETY STANDARDS ACT (40 U.S.C. 3701-3708).

Construction contracts in excess of $100,000 that involve the employment of mechanics or laborers are required to comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor is required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.

The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

B.7 RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT.

If the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

B.8 CLEAN AIR ACT (42 U.S.C. 7401-7671Q.) AND THE FEDERAL WATER

POLLUTION CONTROL ACT (33 U.S.C. 1251-1387), AS AMENDED

Contracts in excess of $150,000 are required to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

B.9 DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 & 12689)

A contract award greater than or equal to $25,000 (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp.,

p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” Contractors that apply or bid for an award exceeding $25,000 must sign and submit the attached “Debarment” certification with their bid.

B.10 BYRD ANTI-LOBBYING AMENDMENT (31 U.S.C. 1352)

Each contractor and subcontractor must certify that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or https://www.govinfo.gov/link/uscode/40/3145 https://www.govinfo.gov/link/uscode/40/3145 https://www.ecfr.gov/current/title-29/part-3 https://www.govinfo.gov/link/uscode/40/3701 https://www.govinfo.gov/link/uscode/40/3702 https://www.govinfo.gov/link/uscode/40/3704 https://www.ecfr.gov/current/title-29/part-5 https://www.govinfo.gov/link/uscode/40/3702 https://www.govinfo.gov/link/uscode/40/3704 https://www.ecfr.gov/current/title-37/part-401 https://www.govinfo.gov/link/uscode/42/7401 https://www.govinfo.gov/link/uscode/33/1251 https://www.govinfo.gov/link/uscode/42/7401 https://www.govinfo.gov/link/uscode/33/1251 https://www.ecfr.gov/current/title-2/section-180.220 https://www.ecfr.gov/current/title-2/part-180 https://www.govinfo.gov/link/uscode/31/1352

Appendix B - 3 employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Disclosures shall be forwarded from tier to tier up to the Authority. Contractors that apply or bid for an award exceeding $100,000 must sign and submit the attached “Lobbying” certification with their bid.

B.11 PROCUREMENT OF RECOVERED MATERIALS.

A state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

B.12 PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT.

Contractors and subcontractors are prohibited from entering into a contract (or extending or renewing a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). See § 200.216.

B.13 DOMESTIC PREFERENCES FOR PROCUREMENTS.

As appropriate and to the extent consistent with law, and to the greatest extent practicable, Contractor’s are required to provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all contracts and purchase orders for work or products under this award. See § 200.322.

The funding for this project is exempt from Build America, Buy America Act requirements; therefore this solicitation is NOT subject to Buy America Preferences for Infrastructure Projects, 2 CFR 184. The federal funding for this project is Denali Commission funds, which are exempt pursuant to the Denali Commission Small Grants Waiver which waives BABA preference requirements for federal awards less than or equal to the Simplified Acquisition Threshold of $350,000 per 2 CFR 200.1.

https://www.govinfo.gov/link/uscode/31/1352 https://www.ecfr.gov/current/title-40/part-247 https://www.govinfo.gov/link/plaw/115/public/232 https://www.ecfr.gov/current/title-2/section-200.216 https://www.ecfr.gov/current/title-2/section-200.322 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-184

Appendix B - 4

DEBARMENT, SUSPENSION, INELIGIBILITY & VOLUNTARY EXCLUSION – 2 CFR 200.214;

Executive Orders 12549 and 12689 [Applicable to all federally assisted contracts which exceed $25,000]

Instructions for Certification:

1. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective contractor and lower tier participants knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Authority may pursue available remedies, including suspension and/or debarment.

2. The prospective contractor and lower tier participants shall provide immediate written notice to the Authority if at any time the prospective contractor and lower tier participants learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

3. The terms "covered transaction," “debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "persons," "lower tier covered transaction," "principal," "proposal," and voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Orders 12549 and 12689. You may contact the Authority for assistance in obtaining a copy of those regulations.

4. The prospective contractor and lower tier participants agrees by submitting this bid or proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized in writing by the Authority.

5. The prospective contractor and lower tier participants further agrees by submitting this bid or proposal that it will require the language of this certification be included in all subcontracts and all lower tier participants shall certify compliance with this requirement.

6. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Non-procurement List issued by U.S. General Service Administration.

7. Nothing contained in the foregoing shall be construed to require establishment of system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

8. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to all remedies available to the Federal Government, the Authority may pursue available remedies including suspension and/or debarment.

Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transaction

(1) The prospective contractor and lower tier participants certifies, by submission of this bid or proposal, that neither it nor its "principals" is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

(2) When the prospective contractor and lower tier participants is unable to certify to the statements in this certification, such prospective participant shall attach an explanation to this proposal.

The Contractor, _________________________________ certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 2 CFR §180 apply to this certification and disclosure, if any.

Signature of Contractor’s Authorized Official: ________________________________________________

Name and Title of Contractor’s Authorized Official: ____________________________________________

Date:

End of Federal Assurances https://www.archives.gov/federal-register/codification/executive-order/12549.html

Alaska Energy Authority RFQ 27022 Appendix C Specifications for Engine & Accessories

Appendix C Specifications - 1

PART 1 - GENERAL

1.1 SCOPE

A. The Work included herein shall consist of providing the following:

1. One (1) shop modified John Deere 6090AFM85 engine configured for repowering an existing generator complete with all accessories as specified.

1.2 RELATED REQUIREMENTS – not used

1.3 SUBMITTALS

A. Provide the submittal in a single electronic file in Adobe Acrobat PDF format.

B. Provide manufacturer’s data for the engine.

C. Provide manufacturer’s catalog literature for all accessories.

1.4 REGULATORY COMPLIANCE

The Environmental Protection Agency (EPA) has issued New Source Performance Standards (NSPS) regulations governing use of stationary diesel engines in remote areas of Alaska. These regulations were revised effective June 29, 2021. The following provision of 40 CFR applies to this solicitation:

A. 40 CFR 60.4216(c) stipulates: Manufacturers, owners, and operators of stationary CI ICE that are located in remote areas of Alaska may choose to meet the applicable emission standards for emergency engines in §§ 60.4202 and 60.4205, and not those for non-emergency engines in §§ 60.4201 and 60.4204, except that for 2014 model year and later nonemergency CI ICE, the owner or operator of any such engine must have that engine certified as meeting at least the Tier 3 PM standards identified in appendix I of 40 CFR part 1039 or 40 CFR 1042.101.

In order to comply with EPA emissions requirements and also be compatible with the intended service applications, the diesel engine furnished under this solicitation shall be a new Tier 3 Marine certified engine.

1.5 QUALITY ASSURANCE

A. Equipment shall not have been in service at any time prior to delivery, except as required by tests.

1.6 FABRICATOR QUALIFICATIONS

The engine shall be shop modified and tested by a qualified fabricator (Fabricator) who is regularly engaged in the business of providing diesel engine driven generator equipment.

A. The Fabricator must have staff with extensive experience in packaging diesel engine driven electrical generators. A list of five successful installations that key staff have worked on may be requested by the Authority after the bid opening and prior to award in order to verify Fabricator qualifications. The list must include installation date, description of installation, and a reference contact for each installation.

Appendix C Specifications - 2

B. The Fabricator must maintain a competent service organization that is available for field service calls. A description of the organization including resumes of key personnel may be requested by the Authority after the bid opening and prior to award in order to verify Fabricator qualifications.

C. The Fabricator must have a fabrication facility with adequate space and appropriate equipment as required to perform the work. The Authority may inspect the Fabricator’s shop after the bid opening and prior to award in order to verify Fabricator qualifications.

1.7 FABRICATOR WARRANTIES

A. The Fabricator shall warrant the work for a period of not less than one-year. The warranty period shall commence upon acceptance by the Authority of field testing and final commissioning of the equipment.

B. In the event of equipment or component failure during the warranty period, the Fabricator shall repair or replace such defective equipment or components and bear all associated costs. Costs shall include material, parts, and labor. The Fabricator will be allowed to charge for travel and per diem expenses within Alaska related to warranty service at actual cost plus 10%. The Fabricator shall assist the Authority as directed to determine the cause of failure and pursue manufacturer's warranties to the extent necessary to obtain replacement equipment and provide proof of action taken upon request.

C. Provide a nametag on each piece of equipment that clearly identifies the party responsible for the warranty. Nametag shall include the name, address, and phone number, and shop order or Fabricator’s serial number.

1.8 OPERATION AND MAINTENANCE MANUALS.

A. Provide one (1) complete bound set of engine operation and maintenance (O&M) manuals including parts manual, service manual, and component technical manual.

PART 2 - PRODUCTS

2.1 GENERAL CONFIGURATION AND MANUFACTURERS

A. The engine shall utilize all new components.

B. The engine shall be configured as specified herein and shall include all accessories as indicated.

C. The engine shall be rated for prime power duty at the horsepower (shaft) and electrical kilowatt (generator) ratings indicated at 1800 RPM. The engine starting and control systems shall be 24 VDC.

D. Provide engine of the manufacturer and model as indicated in Paragraph 2.2 - Specific Configuration, no other substitutes except as specifically noted below.

E. Approved equal substitutions of engines will be allowed only by Engineer's approval. To obtain approval, submittals must clearly demonstrate the following:

1. The substitute engine must meet all of the requirements of Paragraph 2.3

Appendix C Specifications - 3

2. The substitute engine manufacturer must have at least one factory authorized service representative with a permanent shop in Southcentral Alaska.

3. The size and weight of the substitute engine must not exceed that of the specified engine by more than 10%.

4. The physical layout, piping connections, and service access areas of the substitute engine must be sufficiently similar to that of the specified engine so that no major changes will be required to the power plant design.

5. The substitute engine must meet or exceed the fuel efficiency rate of the specified engine. Provide fuel curve showing fuel consumption (kWh/gallon) at 25%, 50%, 75% and 100% of prime rated capacity.

6. The substitute engine must be provided with a single jacket water cooling circuit without a separate aftercooler circuit.

7. The substitute engine must meet or exceed the heat rejection to the jacket water circuit of the specified engine.

8. The engine must not be equipped, or require to be equipped, with any exhaust emissions equipment including Exhaust Gas Recirculation, Diesel Oxidation Catalyst, Diesel Particulate Filter, or Selective Catalytic Reduction.

2.2 SPECIFIC CONFIGURATION

Furnish the following engine: 298 hp, 210 ekW prime, John Deere 6090AFM85, Tier 3 Marine. Configured for generator drive application with 14” diameter flywheel and SAE 1 adapter. Starting and Control Voltage = 24 VDC (convert as required).

2.3 ENGINE STANDARD FEATURES

A. Provide an 1800 RPM, diesel engine of newest design and of recent manufacture.

B. The engine shall be a four-cycle, water-cooled, direct injection diesel engine of 6 cylinder in-line configuration as indicated by model number and shall be provided with a gear driven coolant pump where offered by manufacturer.

C. Cylinder Liners: The engines shall be provided with removable cylinder liners to facilitate field rebuilding.

D. Horsepower: Certified engine power curves and fuel consumption at 25%, 50%, 75%, and 100% loading, shall be submitted showing the manufacturer's approval of the engine rating for engine generator prime power application. Special ratings or "continuous standby" ratings will not be acceptable.

E. Fuel: The engine shall be capable of satisfactory performance on No. 1 or No. 2 Ultra Low Sulphur Diesel (ULSD) Fuel.

F. Fuel System: The engine shall have manufacturer’s engine mounted fuel filters with replaceable elements.

G. Lubrication: The engine shall have a gear type lubricating oil pump for supplying oil under pressure to the main bearings, crankshaft bearings, pistons, piston pins, timing gears, camshaft bearings and valve rocker mechanism. Threaded spin-on type, full flow lubricating oil filters shall be provided.

Appendix C Specifications - 4

H. Starting: The engine shall be equipped with a 24 VDC electric starting system except for Item #1 engine only which shall be equipped with a 12 VDC electric starting system as indicated in Paragraph 2.2 - Specific Configuration.

2.4 ENGINE CONTROL AND MONITORING

A. Engine Control: All engine control functions will be performed by remote switchgear which will perform all start/stop, speed, paralleling, and load sharing control functions in addition to all engine function monitoring and safety shut downs. Engine manufacturer’s electronic control panels shall not be provided.

B. ECU and Isochronous Governor: Provide an Engine Control Unit (ECU) for interface with the switchgear. Program the ECU as shown in the typical payload file in Attachment A.

C. Provide the following accessories:

1. ECU mounting panel with 10’ long engine to ECU interconnect harness, DZ110509.

2. Generator drive legacy adapter harness ECU to 21 pin connection, DZ107498.

3. Min 3’ long extension harness with 21 pin connections, John Deere or Murcal.

4. Fuel pump relay, 24VDC RE505214. Install on ECU mounting panel.

5. Transient voltage protection diode (TVP), 24VDC AT163022. Install on ECU mounting panel.

2.5 ENGINE MOUNTED ACCESSORIES, WIRING, AND PIPING

A. Fuel and Oil Hoses: All hoses for fuel, lube oil, vents, mechanical gauges, etc., shall be Aeroquip type FC300, Eaton Weatherhead H569 or approved equal. Minimum hose size shall be 5/16” (#6). Provide with re-useable JIC swivel type fittings.

Push-on or barb type hose connections will not be allowed. Route hoses to avoid wear points and to ensure access to normal service points on the engine. Securely support hoses from engine and skid.

B. Glycol Hoses: All hoses for glycol shall be Teflon hose with stainless steel outer braid, Eaton Weatherhead H243 or approved equal. Provide with re-useable plated steel straight JIC swivel ends with NPT adapters. Route hoses to avoid wear points and to ensure access to normal service points on the engine. Securely support hoses from engine and skid.

C. Wire Loom: All wiring for control and instrumentation shall be routed in plastic loom. Provide tee fittings for all branch connections. Route loom to avoid wear points and to ensure access to normal service points on the engine. Securely support loom from engine and skid.

D. Protective Guards: All moving parts and hot surfaces shall be provided with protective guards in accordance with U.L Standard 2200.

Appendix C Specifications - 5

E. Air Cleaners: The engine shall be provided with a metal canister air cleaner with a reusable oiled cotton stock element. John Deere, K&N, Parker, or approved equal. Open disposable type air filters or plastic canisters will not be accepted.

F. Fuel Piping Termination: Provide minimum 10’ long fuel supply and return lines connected to the engine one end. Terminate opposite end with JIC to 1/2" MPT adapter and threaded cap. Coil and strap to the engine for shipment.

G. Lube Oil Piping Termination: Provide minimum 10’ long oil drain line connected to the engine one end.