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HomeMy WebLinkAboutRFP-RFQ-Contracts est 1988INVITATION FOR BIDS NAME AND LOCATION OF PROJECT CONTRACTING OFFICER CONTRACTING AGENCY 1.DESCRIPTION A. Building Energy Conservation Measures (ECMs)are to be installed as identified in the Technical Assistance (TA)Study and meeting the requirements of the Institutional Conservation Program (ICP).The ECM's are described below: ECM#Description INVITATION FOR BIDS Additive or better alternatives may be proposed in addition to the basic proposal,but the energy savings from them must address the same problem and save as much or more energy without compromising the quality of the installation. INVITATION FOR BIDS BIDS Sealed bids in duplicate for furnishing all design, labor,equipment and materials and performing all work for the above project are hereby invited.Bids will be received until 4:00 p.m.local time and then publically opened and read at the headquarters of the Contracting Agency at the address shown above. A bid guaranty is required in each bid in the amount of 5%of the base bid amount. All questions relating to design features, constructability,quantities,or other technical aspects of this project should be directed to the Contracting Officer,,telephone number . Bids cannot be withdrawn for 30 calendar'days subsequent to the bid opening.The Owner reserves the right to reject any and all bids. Envelopes containing bid submittals must be sealed and marked,"Do Not Open Bid Documents".Write the project name on the outside of the envelope also. Sample Envelope BIDDER'S NAME RETURN ADDRESS PHYS-n-caECM Bid Bid DEADLINE: Do Not Open Bid Documents Postage Stamp Bids must be signed by an official authorized to bind the bidder to its provisions. INVITATION FOR BIDS COST ESTIMATE The cost estimates for each energy conservation measure (ECM)as determined in the Technical Assistance (TA)Study are as follows: Building ECM #Design Cost Installation Cost INVITATION FOR BIDS COMPLETION A.Substantial completion shall be by B.Final completion shall be by DOCUMENTS Contract documents will be available for the convenience and review of bidders at the office of the Contracting Agency and at the Energy Programs Office,Alaska Department of Community and Regional Affairs,949 E.36th Ave.,Suite 403, Anchorage,AK 99508,telephone 563-1955. Requests for contract documents shall be made to the Contracting Agency.Requests should be accompanied by a check or money order in the amount of $(refundable) and made payable to the Contracting Agency's name.If requested,Contract Documents will be mailed Express Mail upon receipt of a separate deposit of $35.00 (non-refundable)for postage and handling.Make checks payable to the Contracting Agency's name. Documents remain the property of the Contracting Agency and must be returned by prepaid postage or in person.Full refund of the deposit will be made on documents which are returned in an acceptable condition including addenda, without notes,marks,or mutilations,within 15 days after the bid opening. The funding grant award,the Technical Assistance (TA)Study and the Energy Use Evaluation (EUE)for the buildings identified,and the Alaska State Plan for the Institutional Conservation Program (ICP)for schools and hospitals (which includes the federal regulation 10 CFR 455)are available for review at the Contracting Agency's office and also the following address: Alaska Department of Community and Regional Affairs Institutional Conservation Program 949 E.36th Ave.,Suite 403 Anchorage,AK 99508 (907)563-1955 END OF SECTION INFORMATION TO BIDDERS The Contracting Agency is concerned over the manner in which bids are submitted.Bidders are requested to study and follow the bid assembly instructions as to the method and form for submitting bids so there will be no reason to reject a bid. 1.Examination of Contract Requirements a.Bidders are expected to examine carefully the plans, specifications and all other documents incorporated in the contract to determine the requirements thereof before preparing bids. Any explanation desired by bidders regarding the meaning or interpretation of drawings and specifications must be requested in writing and with sufficient time allowed for a reply to reach them before the submission of their bids.Oral explanations or instructions given before the award of the contract will not be binding.Any interpretations made will be in the form of an addendum to the specifications or drawings and will be furnished to all bidders and its receipt by the bidder shall be acknowledged. Conditions at Site of Work Bidders are expected to visit the site to ascertain pertinent local conditions such as the location, accessibility and character of the site,labor conditions, the character and extent of the existing work within or adjacent thereto,and any other work being performed thereon. Preparation of Bids a.Bids shall be submitted on the forms furnished or copies thereof,and must be manually signed in ink.If erasures or other changes appear on the forms,each such erasure or change must be initialed by the person signing the proposal. b.The bid schedule will provide for quotation of a price or prices for one or more pay items which may include unit price or lump sum items and alternate,optional, or supplemental price schedules or a combination thereof which will result in a total bid amount for the proposed construction. Where required on the bid form,bidders must quote on all items and THEY ARE WARNED that failure to do so will disqualify them.When quotations on all items are not required,bidders should insert the words "no bid" Page 1 of 6 INFORMATION TO BIDDERS in the space provided for any item not requiring a quotation and for which no quotation is made. The bidder shall specify a unit price in words and figures,for each pay item for which a quantity is given and shall also show the products of the respective unit prices and quantities written in figures in the column provided for that purpose and the total amount of the proposal obtained by adding the amounts of the several items.All the words and figures shall be in ink or typed.In case of a discrepancy between the prices written in words and those written in figures,the prices written in words shall govern. Neither conditional nor alternative bids will be considered unless called for. Bids received prior to the time of opening will be securely kept,unopened.The officer whose duty it is to open them will decide when the specified time has arrived,and no bid received thereafter will be considered;except that when a bid arrives by mail after the time fixed for opening,but before award is made,and it is shown to the satisfaction of the officer authorized to make the award that the nonarrival on time was due solely to delay in the mails for which the bidder was not responsible,such bid will be received and considered. Unless specifically called for,telegraphic or telefacsimile bids will not be considered.Telegraphic or telefacsimile modifications of bids already submitted will be considered,provided they are received prior to the time set for opening bids. Telegraphic or telefacsimile modifications shall include both the modification of the unit bid price and the total modification of each item modified. Telegraphic or telefacsimile modifications shall not reveal the amount of the total original or revised bids. Bid Security All bids shall be accompanied by a bid security in the form of an acceptable Bid Bond,or a certified check,cashier's check or money order made payable to the name of the Contracting Agency.The amount of the bid security is specified on the Invitation for Bids. Page 2 of 6 INFORMATION TO BIDDERS Bid Bonds must be accompanied by a legible Power of Attorney. If the bidder fails to furnish an acceptable bid security with the bid,the bid shall be rejected as non-responsive. Telegraphic or telefacsimile notification of execution of a Bid Bond does not meet the requirements of bid security accompanying the bid.No individual surety will be accepted in lieu of Bid Bond,Certified Check,Cashier's Check,or Money Order. The bid securities of the two lowest bidders will be held by the Contracting Agency until the Contract has been executed, after which such bid securities will be returned.All other bid securities will be returned as soon as practicable. If all bids are rejected,all bid securities will be returned as soon as practicable. Bidders Qualifications Before a bid is considered for award,the bidder may be requested by the Contracting Agency to submit a statement of facts,in detail,as to his/her previous experience in performing comparable work,his/her business and technical organization,financial resources,and plant available and to be used in performing the contemplated work. Submission of Bids Bids must be submitted as directed on the INVITATION FOR BIDS.Do not include in the envelope any bids for other work. Addenda Requirements The bid documents provide for acknowledgement individually of all addenda to the drawings and/or specifications on the Proposal.All addenda shall be acknowledged on the Proposal or by telegram or by telefacsimile prior to the scheduled time of bid opening.If no addenda are received by the bidder,the word "None"should be shown as specified. Every effort will be made to insure that Contractors receive all addenda when issued.Addenda will be sent to the address of the individual or company requesting documents, and to the Plan Centers where this original bid package was sent.. Page 3 of 6 INFORMATION TO BIDDERS 10. 11. 12. Withdrawal of Bids A Bid may be withdrawn by a written,telegraphic,or telefacsimile request received from the bidder prior to the time fixed for opening.Negligence on the part of the bidder in preparing the bid confers no right for the withdrawal of bid after it has been opened. Receipt and Opening of Bids a.All bids,including any amendment or withdrawal must be received by the Contracting Agency prior to the scheduled time of bid opening.Any bid,amendment,or withdrawal which has not been actually received by the Contracting Agency prior to the time of the scheduled bid opening will not be considered. b.No responsibility will be attached to any officer or employee of the Contracting Agency for the premature opening of,or failure to open,a bid improperly addressed or identified. c.The Contracting Agency reserves the right to waive any technicality in bids received when such waiver is in the interest of the Contracting Agency. Bidders Present At the time fixed for bid opening,bids will be publically opened and read for the information of bidders and others properly interested,who may be present either in person or by representative.Bids are not open for public inspection until after the Notice of Intent to Award is issued. Bidders Interested in More Than One Bid If more than one bid is offered by any one party,by or in the name of his/her or their clerk or partner,all such bids will be rejected.A party who has quoted prices to a bidder is not thereby disqualified from quoting prices to other bidders or from submitting a bid directly for the work. Rejection of Bids The Contracting Agency reserves the right to reject any and all bids when such rejection is in the best interest of the Contracting Agency;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 Page 4 of 6 INFORMATION TO BIDDERS 13. 14. nonresponsive 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. Award of Contract a.The letter of award,if the contract is to be awarded, will be issued as soon as practical and within 30 calendar days after opening proposals. b.The exception to 13a above is if only one bid is received or if this is a sole-source contract.Prior written approval must be obtained from the State of Alaska,Department of Community and Regional Affairs or the U.S.Department of Energy,whichever is the responsible funding source.This will delay the issuance of the Notice of Award beyond the 30 calendar days,and may even require a new Invitation to Bid. c.All bidders will be notified of the ContractingAgency's intent to Award the Contract and _the successful bidder will be requested to execute certain documents,including the Contract form and bonds. d.The contract will be awarded to the successful bidder following receipt by the Contracting Agency of all required documents,properly executed,within the time specified in the intent to award.Failure to enter into a contract within the specified time shall he grounds for forfeiture of the bid security and grounds for the Contracting Officer to proceed to award the contract to others. Required Insurance The successful bidder must submit a Certificate of Insurance,showing the types of coverage and limits of each, to the Contracting Agency before award can be made. Insurance coverage must contain worker compensation (AS 23.30.045)and any other policies specifically listed in the contract provisions.The Certificates of Insurance must contain the stipulation that the Contracting Agency shall be given not less than 30 days written notice in the event of any material change,cancellation or expiration of the insurance coverage listed. Page 5 of 6 INFORMATION TO BIDDERS REQUIRED DOCUMENTS Required for Bid Bids will not be considered if the following documents are not completely filled out and submitted at the time of bidding: Proposal and Bidder's Affadavit of Non-Collusion (must be signed). Non-Debarment Affadavit (must be signed). Assurance of Compliance (must be signed). Bid Schedule. Bid Security. Corporate Acknowledgement (if applicable)Executed and Signed. Reguired for Award AANASWNEee.06°HoQeeIn order to be awarded the contract,the successful bidder must completely fill out and submit the following documents within the time specified in the intent to award letter: Contract Required Contract Provisions Laborer's and Mechanics'Minimum Rates of Pay,1/1/88 Federal Wage Rates,7/22/88 Certificate of Insurance EEO-1 Certification (25A304) Alaska Business License. Alaska Contractor's Certificate of Registration (if applicable). Subcontractor List for All Subcontracts Non-Debarment Affadavit signed by each subcontractor Page 6 of 6 PROPOSAL Name of Firm or Individual Full Name of All Partners Business Address Alaska Contractor's Certificate of Registration Number Alaska Business License Number To the CONTRACTING OFFICER of In compliance with your Invitation for Bids datedtheUndersignedproposestofurnishanddeliverall the material and do all the work and labor required for the final design and construction of the energy conservation measures (ECM's) according to the plans and specifications and for the amount and. prices named herein as indicated on the Bid Schedule consisting of sheets,which is made a part of this Bid. The Undersigned declares that he/she has carefully examined the contract requirements and that he/she has made a_personal examination of the site of the work;that he/she understands that the quantities,where such are specified in the Bid Schedule or on the plans for this project,are accurate and not subject to increase in quantities of work or materials unless so agreed upon in the Contract Documents. The Undersigned hereby agrees to execute the said contract and bonds within ten calendar days or such further time as may be allowed in writing by the Contracting Officer after receiving notification of the acceptance of this proposal with a notice of intent to award,and it is hereby mutually understood and agreed that in case the Undersigned does not,the accompanying bid guarantee shall be forfeited to the Contracting Agency asliquidateddamages,and the said Contracting Officer may proceed to award the contract to others. We hereby agree to commence with work within calendar days and to complete the work within calendar days after the effective date of the Notice to Proceed,or by unless extended in writing by the Contracting Officer. The Undersigned acknowledges receipt of the following addenda to the drawings and/or specifications (give number and date of each. If none received,write in the word "None"). Addenda #Date Issued The Undersigned represents (check appropriate box)that he/she operates as an individual,partnership,joint venture,corporation incorporated in the State of . The Undersigned has read the foregoing bid form and proposal and hereby agrees to the conditions stated therein by affixing his/her signature below. Signature Title Typed or Printed Name Date Address Telephone Number KEEKKEEKKKEKKKEREREEKEKEREKEKKEKEKEKEKEKRKEEEKKEEKRKEKEKKEKEKEREKEKKKEKEKEKEKKKKKEKE NON-COLLUSION AFFIDAVIT UNITED STATES OF AMERICA ) )ss STATE OF ALASKA ) I,td of (Name of Officer)(Name of Firm) being duly sworn,do depose and state:That I,or the firm,association or corporation of which I ama member,a bidder on the contract to be awarded by for the construction of energy conservation measures (ECMs)designated as located at ,in the State of Alaska,have not, either directly or indirectly,entered into any agreement, participated in any collusion,or otherwise taken any action inrestraintoffreecompetitivebiddinginconnectionwithsuch contract. (Signature) Subscribed and sworn to this day of ,19 Notary Public My Commission Expires: BID SCHEDULE BIDS FOR LUMP SUM CONTRACT Project:Energy Conservation Measures at Proposal of (hereinafter called the BIDDER),a Contractor operated under the laws of the State of ,a partnership,a joint venture.or an individual,doing business as to (hereinafter called the Contracting Agency). Gentlemen: A.The BIDDER,in compliance with your invitation for bids for the construction of the project indicated above,has examined the drawings and specifications with the related documents and being familiar with all of the conditions surrounding the construction of the proposed project, including the availability of materials and the project site,agrees to construct the project in accordance with the Contract Documents,within the times set forth herein and for the prices stated herein. B.The BIDDER agrees to commence work under the Contract on or before the date to be specified in the written Notice to Proceed issued by the Contracting Agency and fully complete the project within the time stipulated in the Contract Documents. Cc.The BIDDER agrees to enter into a contract in accordancewiththesumindicatedbelow. D.It is understood that it is the intent of the Contracting Agency that Basis of Award shall be that which proves most advantageous to the Contracting Agency.It is the Contracting Agency's preference to award all construction, if possible. E.In accordance with the above,we as BIDDER hereby submit the following prices for the proposed project: BASIC BID F.Lump Sum Bids -Base Bid In accordance with the above,we as Bidder hereby submit the following prices for the proposed project: Building ECM#Design Cost Materials and Installation Cost (Words)(Words) $$ (Words)(Words) $$ (Words)(Words) $$ (Words)(Words) $$ (Words)(Words) 5 $ (Words)(Words) $$ G.Lump Sum Alternate Bids In accordance with the above,we as Bidder hereby submit the following prices for the proposed alternative approaches to the above energy conservation measures: Building ECM#Design Cost Materials and Installation Cost (Words)(Words) $$ (Words)(Words) $$ (Words)(Words) Enclosed is a bid bond in the amount of $ (bid bonds must be in the amount of 5%of the base bid). Company Name Authorized Representative &Title Company Address Signature of Authorized Representative Company Telephone Number Date Corporate Seal (if a corporation) END OF BID SCHEDULE CONTRACTOR AFFIDAVIT OF NON-DEBARMENT UNITED STATES OF AMERICA ss STATE OF ALASKA I,,of (Name of Officer)(Name of Firm) being duly sworn,do depose and state: That I am rot,and the firm,association or corporation which I represent is not presently suspended,debarred or otherwise deemed ineligible under federal law or the laws of any state to receive the award of a public contract. (Signature) Subscribed and sworn to.this day of Notary Public My Commission Expires: CONTRACT THIS CONTRACT,made this day of 19,between ' Acting by and through its Contracting Officer,party of the first part and > ,A.D., of A CORPORATION,incorporated under the laws of the State of ,its successors and assigns,party of the second part,hereinafter called the Contractor.WITNESSETH:That the Contractor,for and in consideration of the payment or payments herein specified and agreed to by the party of the first part,hereby covenants and agrees to provide final design,furnish and deliver all the materials and to do and perform all the work and labor required in the construction and installation of energy conservation measures at the located at ,Alaska,at the price bid by the Contractor in the sum of: ($).The Contract Sum is determined as follows:(State here the base bid or other lump sum amount,accepted alternates,as applicable.) The Contractor hereby agrees to receive the prices set forth above as full compensation for furnishing the final design and all materials and labor which may be required in the prosecution and completion of the whole work to be done under this Contract,and all respects to complete the Contract to the satisfaction of the Contracting Officer. The Contractor further covenants and agrees that all of the work and labor shall be done and performed in the best and most workmanlike manner and that all materials and labor shall be in strict and entire conformity in every respect with the Plans and Specifications finally approved by the Contracting Officer;thattheContractorwillabidebyandperformallstipulations, covenants,and agreements specified in Plans and Specifications finally approved by the Contracting Officer and which thereby become a part of this Contract as to all premises therein;and in case materials or labor shall be rejected by the Contracting Officer or his assistant or authorized representative as defective or unsuitable,then the materials shall be removed or replaced with other approved materials and the labor shall be done anew,to the satisfaction of the Contracting Officer or hisrepresentatives,at the cost and expense of the "Contractor. The Contractor further covenants and agrees that the entire construction shall be done under the administration and to the complete satisfaction of the Contracting Agency subject to inspection at all times and approval by any participating agency of the Government of the United States of America or the State of Alaska,and in accordance with the Laws of the State of Alaska and rules and regulations of said Federal Agency. It is distinctly understood and agreed that no claim for additional work or materials,done or furnished by the Contractor and not specifically herein provided for,will be allowed by the Contracting Officer,nor shall the Contractor do any work or furnish any material not covered by this Contract,unless such work is ordered in writing by the Contracting Officer.In no event shall the Contractor incur any liability by reason of verbal directions or instructions given by the Contracting Officer or his representatives,nor will the party of the first part be liable for any materials furnished or used,or for work or labor,unless the materials,work,or labor are required by the Contract or on written order furnished by the Contracting Officer.Any such work or materials which may be done or furnished by the Contractor without written order first being given shall be at the Contractor's own risk,cost,and expense and the Contractor hereby covenants and agrees to make no claim for compensation for work or materials done or furnished without such written order. The Contract Documents consist of this Contract,the Conditions of the Contract (General,Supplementary and Other Conditions), Required Contract Provisions,the State of Alaska Department of Labor's Laborers'&Mechanics'Minimum Rates of Pay dated January 1,1988,the Federal Wage Rates dated July 22,1988,the Drawings,the Specifications,all Addenda issued prior to and all approved designs and Modifications issued after execution of this Contract.These form the Contract and all are as fully a part of the Contract as if attached to this Contract and repeated herein. The Contract Documents,except as modifications issued after execution of this Contract are enumerated as follows:(List below the Conditions of the Contract (General,Supplementary,and Other Conditions),the Drawings,the Specifications,and any Addenda and Accepted alternates,showing page or sheet numbers in all cases and dates where applicable.) The Contractor further covenants and agrees that all materials shall be furnished and delivered and all labor shall be done and performed,in every respect,to the satisfaction of the Contracting Officer,on or before ,or within calendar days.It is expressly understood and agreed that in case of the failure on the part of the Contractor, for any reason,except with the written consent of the Contracting Officer,to complete the furnishing and delivery of materials and the doing and performance of the work before the aforesaid date,the party of the first part shall have the right to deduct from any money due or which may become due the Contractor,or if no money shall be due,the party of the first part shall have the right to recover ($)per day for each calendar day elapsing between the time stipulated for the completion and the actual date of completion in accordance with the terms hereof;such deduction to be made,or sum to be recovered,not as a penalty but as liquidated damages.Provided,however,that upon receipt of written notice from the Contractor of the existence of causes over which the Contractor has no control and which must delay the completion of the work,the Contracting Officer,may,at his discretion,extend the period specified for the completion of the work,and in such case the Contractor shall become liable for liquidated damages for delays commencing from the date on which the extended period expires. The Contracting Officer,by the authority vested in him,has executed this Contract on behalf of ,and the ha hereunto set hand and corporate seal,the day and year first above written. Contracting Agency 'Contractor BY:BY: Contracting Officer Title ASSURANCE OF COMPLIANCE 1.Nondiscrimination in Federally Assisted Programs.The contractor whose name is given at the end of this Assurance (Hereinafter called the "Contractor")HEREBY AGREES to comply with Title VI of the Civil Rights Act of 1964 (Pub.L.88-352), Section 16 of the Federal Energy Administration Act of 1974 (Pub. L.93-275),Section 401 of the Energy Reorganization Act Of 1974 (Pub.L.93 438),Title IX of the Education Amendments of 1972, as amended,(Pub.L.92-318,Pub.L.93-568,and Pub.L.94-482), Section 504 of the Rehabilitation Act of 1973 (Pub.L.93-112), the Age Discrimination Act of 1975 (Pub.L.94-135),Title VIII of the Civil Rights Act of 1968 (Pub.L.90-284),the Department of Energy Organization Act of 1977 (Pub.L.95-91),and the Energy Conservation and Production Act of 1976,as amended, (Pub.L.94-385).In accordance with the above laws and regulations issued pursuant thereto,the Contractor agrees to assure that no person in the United States shall,on the ground of race,color,national origin,sex,age,or handicap,be excluded from participation in,be denied the benefits of,or be otherwise subjected to discrimination under this contract. 2.Applicability and Period of Obligation. This assurance obligates the Contractor for the period during which this contract is extended to the Contractor by the Institution.If any personal property is so provided,this assurance obligates the Contractor for the period during which it retains ownership or possession of the property. 3.Employment Practices. The Contractor agrees not to discriminate on the ground of race, color,national origin,sex,age,or handicap,in its employment practices.Such employment practices may include,but are not limited to,recruitment,recruitment advertising,hiring,layoff or termination,promotion,demotion,transfer,rates of pay, training and participation in upward mobility programs,or other forms of compensation and use of facilities. 4.The contractor certifies that neither it (nor he or she)nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a)of the Davis-Bacon Act or 29 CFR5.12(a)(1)or Alaska Statute 36.05.090.No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1)or Alaska Statute 36.05.090. 5.Subcontractor Assurance. The Contractor shall require any individual,organization,or other entity with whom it subcontracts or subleases for the purpose of providing any service,financial aid,equipment,property,or structure to comply with laws cited above.To thisend,the subcontractor or sublessor shall be required to sign a written assurance form,however,the obligation of both 1 of 2 Contractor and subcontractor or sublessor to ensure compliance is not relieved by the collection or submission of written assurance forms. This assurance is given in consideration of and for the purpose of entering into this contract:with the Institution.The Contractor recognizes and agrees that this contract will be extended in reliance upon the representations and agreements made in this assurance and that the United States shall have the right to seek judicial enforcement of this assurance.This assurance is binding on the Contractor,its successors,transferees,and assignees,as well as the person whose signature appears below and who is authorized to sign this assurance on behalf of the Contractor. Contractor's Name Signature of Authorized Person Address Printed Name City/State/Zipcode Date Contractor's Telephone Number 2 of 2 Article l. 1.1. 1.2. 1.3. 1.4. 1.5. Article 2. 2.1. REQUIRED CONTRACT PROVISIONS APPLICATION These Contract provisions shall apply to all work performed on the contract by the Contractor with his own organization and with the assistance of workmen under his immediate superintendence and to all work performed on the contract by piecework,station work or by subcontract. The Contractor shall insert in each of his subcontracts all of the stipulations contained in these Required Contract Provisions and also a clause requiring his subcontractors to include these Required Contract Provisions in any lower tier subcontracts which may in turn be made.The Required Contract Provisions shall in no instance be incorporated by reference.The prime Contractor shall be responsible for the compliance by any subcontractor with these Required Contract Provisions. A breach of any of the stipulations contained in these Required Contract Provisions may be grounds'for termination of the contract. A breach of the following clauses may also be grounds for debarment as provided in 29 CFR 5.6(b): Articles 1.2,11.2,11.3,and 11.4; Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract.Such disputes shall be resolved in accordance with the procedures of the U.S.Department of Labor set forth in 29 CFR Parts 5, 6,and 7.Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors)and the Contracting Agency,the U.S. Department of Labor,the Alaska Department of Labor or their employees or representatives. INSPECTION AND REPORTS. The Contracting Agency,the State of Alaska,Department of Community and Regional Affairs,the U.S.Department of Energy,the Comptroller General of the United States,or any of their duly authorized representatives,shall have access to any books, documents,papers,and records of the contractor which are directly pertinent to this contract for the purpose of making audit,examination,excerpts,and transcriptions.Facilities of the contractor 1 of 14 (including the physical plants,buildings,or other structures)and all records,books,accounts,and other sources of information pertinent to the contractor's compliance with civil rights laws shall be made available for inspection during normal business hours on request of an officer or employee of the Department of Energy specifically authorized to make such inspections.Instructions in this regard will beprovidedbytheDirector,Office of Equal Opportunity, U.S.Department of Energy. 2.2.The Contractor shall make reports in the manner and at times the Contracting Agency reasonably requires. 2.3.The Contractor shall maintain all required records pertaining to this contract for a period of three years after final payment is made and after disposition of all other pending matters or disputes. Article 3.NO ASSIGNMENT OR DELEGATION. This contract is personal and the Contractor may not assign or delegate this contract,or any part of it,or any right to any of the money to be paid under it,except with the written consent of the Contracting Agency. Article 4.PAYMENT OF TAXES. As a condition of performance of this contract,the Contractor shall pay all federal,state,and local taxes incurred by the Contractor and shall require their payment by any subcontractor or any other persons in the performance of this contract.Satisfactory performance of this paragraph is a condition precedent to payment by the Contracting Agency under this contract. Article 5.OWNERSHIP OF DOCUMENTS. All designs,drawings,specifications,notes,and other work developed in the performance of this agreement are and remain the sole property of the Contracting Agency and may be used by the Contracting Agency for any purpose without additional compensation to the Contractor.The Contractor agrees not to establish any claim under the design patent or copyright laws.Unless otherwise directed by theContractingAgency,the Contractor may retain copies of all materials. Article 6.GOVERNING LAW. This contract is governed by the laws of the State of Alaska,of the United States of America,and of the local government having jurisdiction over the Contracting Agencyandprojectsite.In cases of conflict,the federal law or 2 of 14 regulations shall govern,and State laws and regulations shall take precedence over local laws and regulations. Article 7.COVENANT AGAINST CONTINGENT FEES. The Contractor warrants that no person or agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission,percentage, contingent fee,or brokerage except employees or agencies maintained by the Contractor for the purpose of securing business.For the breach of violation of this warranty,the Contracting Agency may terminate this contract without liability or in its discretion deduct from the contract price or consideration the full amount of the commission, percentage,brokerage,or contingent fee. Article 8.INVENTIONS AND PATENTS. If any patentable items,processes or inventions are produced under this contract,the Contractor shall notify the Contracting Agency immediately.The Contracting Agency shall then notify the State of Alaska.The Federal Department of Energy and the State of Alaska shall then determine the disposition of such items or rights. Article 9.GOVERNING REGULATIONS. The Contractor shall adhere to the appropriate federal regulations listed below: 1.10CFR Part 455 -"Grant Programs for Schools and Hospitals..." 2.10CFR Part 600 -"U.S.Department of Energy Financial Assistance Rules" 3.OMB Circular A-110 -"Uniform Requirements for Grants With Institutions of Higher Education, Hospitals,and Non-profit Organizations" 4,OMB Circular A-122 -"Cost Principles for Non-profit Organizations" 5.OMB Circular A-102 -"Uniform Requirements for Assistance for State and Local Governments" 6.OMB Circular A-87 -"Cost Principles for State and Local Governments" 7.OMB Circular A-21 -"Cost Principles for Educational Institutions" 8.45 CFR Part 74,Appendix E -"Cost Principles for Hospitals" 3 of 14 9.FPR 1-15 -"Contracts with Commercial Organizations" 10.29 CFR Parts 1,3 and 5 -"Payment and Reporting of Wages Applicable to Federally financed and Assisted Construction Contracts"and "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction..." 11.10 CFR Part 1040 -"Nondiscrimination in Federally Assisted Programs;General Provisions" 12.Davis-Bacon Act 13.18 USC 874 -"Copeland 'Anti-Kickback'Act" 14.Alaska Statute Chapter 36 -"Public Contracts" 15.8 AAC Chapter 30 -"Public Contracts" Article 10.EQUAL OPPORTUNITY 10.1.Selection of Labor.During the performance of this Contract,the Contractor shall not discriminate against labor from any other State,possession or territory of the United States. 10.2.Employment Practices.During performance of this Contract,the Contractor agrees as follows: 10.2.1.The Contractor will not discriminate against any employee or applicant for employment because of race,color,religion,sex,or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race,color,religion,sex,or national origin.Such action shall include,but not be limited to the following:employment, upgrading,demotion or transfer,recruitment or recruitment advertising,layoffs or termination, rates of pay or other forms of compensation,and selection for training,including apprenticeship. The Contractor agrees to post in conspicuous places,available to employees and applicants for employment,notices setting forth the provisions of this nondiscrimination clause. 10.2.2.The Contractor will,in all solicitations or advertisements for employees placed by or on behalf of the Contractor,state that all qualified applicants will receive consideration for 4 of 14 employment without regard to race,color, religion,sex,or national origin. 10.2.3.The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding,a notice advising the said labor union or worker's representative of the Contractor's commitments under this Article 10.2 and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 10.2.4.In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations or orders,this contract may be canceled,terminated or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or Federally-assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24,1965,and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965,or by rule,regulation or order of the Secretary of Labor,or as otherwise provided by law. Article 11.LABOR PROVISIONS 11.1. 11.2. If this contract or any subcontract is in excess of $2,000,the contractor or subcontractor must comply with both the Davis-Bacon Act as set forth in the U.S. Department of Labor Regulations 29 CFR Parts 3 and 5 and the State of.Alaska Statute 36.05. Minimum Wages. 11.2.1.All laborers and mechanics employed or working upon the site of work shall be paid unconditionally and not less often than once a week,and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)),the full amount of wages and bona fide fringe benefits (or cash equivalents thereof)due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor and the Alaska Department of Labor and attached to'this contract (Appendix E) and made a part hereof,regardless of any contractual relationship which may be alleged to 5 of 14 exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under'section 1(b)(2)of the Davis-Bacon Act on behalf of laborers and mechanics are considered wages paid to such laborers and mechanics,subject to the provisions of Article 11.2.4;also,regular contributions made or costs incurred for more than a weekly period (but less often than quarterly) under plans,funds,or programs which cover the particular weekly period,are deemed to _beconstructivelymadeorincurredduringsuchweekly period.Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed,without regard to skill, except as provided in Article 11.2.4.Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein:Provided,That the employer's payroll records accurately set forth the time spent in each classification in which work is performed.The scale of wages to be paid and the Davis-Bacon poster (WH-1321)shall be posted at all times by the contractor and its subcontractor in a prominent and easily accessible place at the site of the work. 11.2.2.New Wage Classification Determination 11.2.2.1.The Contracting Officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under this contract shall be classified in conformance with the wage determination.The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been mets: 11.2.2.1.1.The work to be performed by the classification requested is not performed by a classification in the wage determination;and 11.2.2.1.2.The classification is utilized in the area by the construction industry; and 6 of 14 11.2.2.1.3.The proposed wage rate,including any bona fide fringe benefits,bears a reasonable relationship to the wage rates contained in the wage determination. 11.2.2.2.If the contractor and the laborers and mechanics to be employed in the classification (if known),or their representatives,and the Contracting Officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate),a report of the action taken shall be sent by the Contracting Officer to the Administrator of the Wage and Hour Division,Employment Standards Administration,U.S.Department of labor, Washington,D.C.20210 and the Alaska Department of Labor,Labor Standards and Safety Division.The Administrator,or an authorized representative,will approve, modify,or disapprove every additional classification action within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary. 11.2.2.3.In the event the contractor,the laborers or mechanics to be employed in theclassificationortheir.representatives,and the Contracting Officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits,where appropriate),the Contracting Officer shall refer the questions,including the'views of all interested parties and the recommendation of the Contracting Officer,to the Administrator for determination.The Administrator,or an authorized representative,will issue a determination within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary. 11.2.2.4.In the event the contractor,the laborers or mechanics to be employed in the classification or their representatives,and the Contracting Officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits,where appropriate),the Contracting Officer shall refer the questions,including 7 of 14 11.3. the views of all interested parties and the recommendation of the Contracting Officer,to the Administrator for determination.The Administrator,or an authorized representative,will issue a determination within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary. 11.2.2.5.The wage rate (including fringe benefits where appropriate)determined pursuant to Articles 11.2.2.2 and 11.2.2.3,shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. 11.2.3.Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate,the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. 11.2.4.If the contractor does not make payments to a trustee or other third person,the contractor mayconsideraspartofthewagesofanylaboreror mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program,Provided,That the Secretary of Labor has found,upon the written request of the contractor,that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. Payrolls and basic records. 11.3.1.As used in Article 11,the term "employee" shall not apply to persons in classifications higher than that of laborer or mechanic and those who are the immediate supervisors of such employees.However,owner/operators who perform duties as laborers,mechanics,or field surveyors while working as contractors or subcontractors shall be considered employees while performing such duties. 11.3.2.Payrolls and basic records relating thereto shall be maintained by the contractor and subcontractors during the course of the work and 8 of 14 preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work.Such records shall contain the name, address,and social security number of each worker,his or her correct classification,hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B)of the Davis-Bacon Act),daily and weekly number of hours worked,deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5{(a)(1)(iv)that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act,the contractor'shall maintain records which show that the commitment to provide such benefits is enforceable,that the plan or program is financially responsible,and that the plan or program has been communicated in writing to the laborers or mechanics affected,and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. 11.3.3.Weekly Payroll Statements 11.3.3.1.The contractor shall submit,before Friday of each week,to the Alaska Department of Labor and the Contracting Agency a sworn affadavit for the previous week of all payrolls.The affadavits submitted shall set our accurately and completely all of the information required to be maintained in Article 11.3.2.above.Optional Form WH-347 is for this purpose.The contractor is responsible for the submission of copies of payrolls by all subcontractors. 11.3.3.2.Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: 9 of 14 (1)That the payroll for the payroll period contains the information required to be maintained under Section 5.5(a)(3)(i)of Regulations,29 CFR Part 5 and that the information is correct and complete; (2)That each laborer or mechanic (including each helper,apprentice,and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned,without rebate,either directly or indirectly,and that no deductions have been made either directly or indirectly from the full wages earned,other than permissible deductions as set forth in Regulations,29 CFR Part 3. (3)That each laborer or mechanic has been paid not less that the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed,which is the higher of the amount specified in the applicable wage determination incorporated into the contract or which is the current wage determination established by the Alaska Department of Labor. 11.3.3.3.The weekly submission of a properlyexecutedcertificationsetforthon_thereversesideofOptionalFormWH-347 shall satisfy the requirement for submission of the "Statement of Compliance"required by Article 11.3.3.2 above. 11.3.3.4.The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United State Code. 11.3.4.The contractor or subcontractor shall make the records required under Article 11.3.2 available for inspection,copying,ortranscriptionbyauthorizedrepresentativesofthe Contracting Agency,the Alaska Department of Labor,the U.S.Department of Labor,and shall permit such representatives to interview employees during working hours on the job.If the contractor or subcontractor fails to submit the required records or to make them available,the State or Federal agency may,after written notice to the contractor,sponsor,applicant,or owner, take such action as may be necessary to cause the 10 of 14 11.4. suspension of any further payment,advance,or guarantee of funds.Furthermore,failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12 or Alaska Statute. Apprentices and trainees. 11.4.1.Apprentices.Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S.Department of Labor,Employment and Training Administration,Bureau of Apprenticeship and Training,or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program,who is not individually registered in the program,but who has been certified by the Bureau of Apprenticeship and Training to be eligible for probationary employment as an apprentice.The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program.Any worker listed on a payroll at an apprentice wage rate,who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed.in addition,an apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed.Where a contractor is performing construction on a project in a locality other than that in which its program is registered,the ratio's and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's and subcontractor's registered program shall be observed.Every apprentice must be paid at not less than the rate specified in the registered program for the level of the progress,expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination.Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program.If the apprenticeship program does not specify fringe benefits,apprentices must be paid the full amount of fringe benefits listed on the wage 11 of 14 determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification,fringes shall be paid in accordance with that determination.In the event the Bureau of Apprenticeship and Training withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. 11.4.2.Trainees.Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval,evidenced by formal certification by the U.S.Department of Labor, Employment and Training Administration.The ratios of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration.Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination.Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program.If the trainee program does not mention fringe benefits,trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices.Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed.In addition,any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed.In the event the Employment and Training Administration withdraws approval of a training program,the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for 12 of 14 11.5. the work performed until an acceptable program is approved. 11.4.3.Equal employment opportunity.The utilization of apprentices,trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246,as amended,and 29 CFR Part 30. 11.4.4.Overtime requirements.No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, whichever is greater. 11.4.5.Violation;liability for unpaid wages; liquidated damages.In the event of any violation of the article set forth in Article 11.4.4,the contractor and any subcontractor shall be liable for the unpaid wages.In addition,such contractor and subcontractor shall be liable to the Contracting Agency for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards,employed in violation of the clause set forth in Article 11.4.4 in the sum of $10 for each calendar day or which such individual was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by Article 11.4.4. Withholding.The Contracting Agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to withhold from the contractor under this contract or any other Federal or State contract with the same prime contractor,or any other federally-assisted or State-assisted contract subject to Davis-Bacon prevailing wage requirements or Alaska Statute 36.05,which is held by the same prime contractor,such sums as may be determined to be 13 of 14 necessary to satisfy any liabilities of the Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in Article 11.4.5.or so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics,including apprentices,trainees,and helpers,employed by the contractor or any subcontractor the full amount of wages required by the contract.In the event of failure to pay any laborer or mechanic,including apprentice,trainee,or helper, employed or working on the site of work,all or part of the wages required by the contract,the Contracting Agency may,after written notice to the contractor, sponsor,applicant,or owner,take such actions as may be necessary to cause the suspension of any further payment,advance,or guarantee of funds until such violations have ceased. 11.6.If it is found that a laborer,mechanic,or field surveyor employed by the contractor or subcontractor has been or is being paid a rate of wages less than the rate of wages required by this contract to be paid,the State or the Contracting Agency may,by written notice to the contractor,terminate the contractor's right to proceed with the work for which there is a failure to pay the required wages or prosecute the work to completion by contract or otherwise,and the contractor and his sureties are liable to the State or the Contracting Agency for excess costs for completing the work, 11.7.Compliance with Davis-Bacon and Related Act requirements.All rulings and interpretations of the Davis Bacon and Related Acts contained in 29 CFR Parts 1,3,and 5 and Alaska Statute Title 36 are herein incorporated by reference in this contract. Article 12.The Contractor shall recognize the minimum thermal and lighting standards established for residential, commercial,and public building new construction in any recommendations provided under this contract.The residential and commercial standards are established by the Alaska Department of Community and Regional Affairs.The public buildings standards are established by the AlaskaDepartmentofTransportationandPublicFacilities. 14 of 14 SUBCONTRACTOR LIST FIRM NAME/ ADDRESS ALASKA BUSINESS LICENSE #/ITEMS TO BE TELEPHONE CONTRACTOR'S REGISTRATION PERFORMED I hereby certify that the above listed Alaska Business Licenses and Contractor Registrations (if applicable)are valid. CONTRACTOR (AUTHORIZED SIGNATURE)DATE CONTRACTOR (PRINTED NAME) PROJECT NAME Continue Subcontractor information on additional sheetsas necessary. Page of CORPORATE ACKNOWLEDGEMENT (To be used when Documents executed on behalf of Corporation) UNITED STATES OF AMERICA ) )ss STATE OF ALASKA ) The foregoing instrument was acknowledged before me this day of ,19 ,By (Name of Officer)(Title of Officer) of (Name of Corporation) a Corporation,on (State of Corporation in good standing) behalf of said Corporation. NOTARY PUBLIC FOR My Commission Expires REQUEST FOR PROPOSAL [TITLE OF PROJECT] ISSUED BY: [AGENCY NAME] [ADDRESS] TABLE OF CONTENTS I.ISSUING OFFICE II.PROPOSAL TIMELINES III.BACKGROUND AND SERVICES REQUESTED IV.PROPOSAL REQUIREMENTS Vv.CONTRACTOR SELECTION VI.LIMITATIONS AND CONDITIONS EXHIBIT I STANDARD STATE OF ALASKA CONTRACT FORMS EXHIBIT II ADDITIONAL CONTRACT CONDITIONS II. REQUEST FOR PROPOSALS ISSUING OFFICE This Request for Proposal(RFP)is issued by [NAME OF ORGANIZATION].All inquiries related to this request should be submitted in writing to: [NAME OF ORGANIZATION] [ADDRESS] ATTN:[NAME OF PROJECT MANAGER] [TELEPHONE NUMBER] PROPOSAL TIMELINES Date of Issue:{DATE] (Optional,to be used if a Pre-proposal Conference is to be held:)Pre-Proposal Conference:[DATE] A pre-proposal conference will be held in [ROOM,STREET ADDRESS,CITY]at [TIME AND DATE].The conference will provide information supplemental to that contained in the Request for Proposal.Questions concerning the RFP or the project may be answered at that time.Written conference proceedings will be made available to all persons or firms who receive the RFP package. Attendance at the conference is not mandatory and will in no way be a factor used for evaluating contractors or rating proposals. Inguiry Deadline:{DATE] Interested contractors are required to carefully review this request without delay,for defects and questionable or objectionable matter.Questions,objections,or comments should be made in writing and received by the Issuing Office no later than [DATE]so that any necessary addenda may be published and distributed to all interested contractors. Protests based upon any ommissions,errors,or the content of the RFP will be disallowed if not made known prior to {DATE]. Proposal Submission Deadline:[DATE] To be considered,contractors must submit a complete response to this RFP,using the format provided in Section IV.Each proposal must be submitted in [NUMBER]copies to the Issuing Office.To be considered for evaluation, proposals must be received at the Issuing Office no later than 4:30 p.m.on [DEADLINE DATE].Proposals received after this time will receive no consideration and will be returned to the offeror. III. Iv. BACKGROUND AND SERVICES REQUESTED (NOTE:This section should be prepared by the Project Director and should provide: a.A statement of the background of the problem; b.The purpose and scope of the work to be accomplished; c.The time constraints under which the project must be completed; d.Any relevant information; e.Extensive background materials and/or information should be appended to the RFP,or referenced and noted how copies may be obtained.] PROPOSAL REQUIREMENTS (NOTE:This section of the RFP should specify the information which proposers are to include in their proposals.If a specific proposal form is to be used,it can be provided here or referenced as an Appendix.If a separate cost proposal is to be submitted,it should also be noted here.] Proposal Submission Deadline To be considered,contractors must submit a complete response to this RFP,using the format provided in this section.Each proposal must be submitted in [NUMBER]copies to the Issuing Office.To be considered for evaluation, proposals must be received at the Issuing Office no later than 4:30 p.m.on [DEADLINE DATE].Proposals received after this time will receive no consideration and will be returned to the offeror. Directions for Submitting Proposals Envelopes containing proposals must be sealed,marked and addressed as shown in the example below.Do not put the Project Name and Proposal Deadline on the envelope if you are requesting information.Envelopes with this marked will not be opened until after the proposal submission deadline. PROPOSER'S NAME RETURN ADDRESS [ISSUING OFFICE] [ADDRESS] PROJECT NAME:[NAME OF PROJECT] PROPOSAL DEADLINE:[DATE] vi. No other distribution of proposals will be made by the contractor. Proposals must be signed by an official authorized to bind the contractor to its provisions.For this RFP,the proposal must remain valid for at least 90 days following the date signed by the authorizing official. CONTRACTOR SELECTION For the purposes of evaluation,proposals submitted may be reviewed and evaluated by any person other than respondents at the discretion of the Issuing Office.All acceptable proposals received from contractors will be reviewed andevaluatedbyacommitteeofqualifiedpersonnel.The committee shall make their recommendation to the [EXECUTIVE DIRECTOR or MAYOR or CONTRACTING OFFICER]for selection of the proposal which most closely meets the requirements of this RFP.The committee is not required to choose the lowest cost proposal.The final selection resides with the [EXECUTIVE DIRECTOR or MAYOR or CONTRACTING OFFICER}. All proposals received from contractors will be reviewed and evaluated on the basis of the evaluation criteria set forth below.The committee will recommend for selection the proposal which best meets the requirements of the RFP. The evaluation committee reserves the right to independently interview respondents if the preliminary evaluation results in two or more respondents being similarly or equally qualified.The interviews will be scheduled at the convenience of the Issuing Office. Upon completion of evaluation and the selection of the successful offeror,the Issuing Office shall make a formal Notice of Award.The Notice shall be provided,in writing, to all respondents of this RFP,and shall include the names and addresses of all the respondents,including the intended recipient(s)of the contract(s). {NOTE:The evaluation criteria should be included here or referenced as an appendix.] LIMITATIONS This request does not in any way commit [AGENCY NAME]to reimburse recipients of this RFP for any of the costs of preparing and submitting a proposal for these services.All costs incurred by respondents in the preparation of the proposal,including travel and personal expenses,shall be the sole responsibility of the offeror. Furthermore,this RFP does not obligate [AGENCY NAME]to accept,or contract for,any services expressed or implied. This RFP will not obligate [AGENCY NAME]to perform until a contract is properly signed and approved by both parties. If approved,it is effective from the date of approval. [AGENCY NAME]assumes no responsibility for the work done, even in good faith,prior to approval of the contract.Ifonlyonebidisreceivedorifthisisa_sole-sourcecontract,approval must also be obtained from the State of Alaska,Department of Community and Regional Affairs. [AGENCY NAME]reserves the right to: a)Request any vendor submitting a response to clarify its response or to supply any additional material deemed necessary to assist in the selection of a vendor. b)Modify or otherwise alter any or all of the requirements herein.In the event of any modifications,all vendors who submitted proposals will be given an equal opportunity to modify their responses in the specific areas that are impacted. c)Reject any proposal not adhering to any and all agency requirements set forth in this RFP.All proposals must be in the format specified in Section IV,PROPOSAL REQUIREMENTS.[AGENCY NAME] reserves the right to reject any proposals which do not address all the requirements of this RFP. d)Reject any or all responses received and to waive formality in solicitation procedures.[AGENCY NAME]may reject all proposals at any time,when it is not in the best interest of [AGENCY NAME]to select a proposal.The Issuing Office reserves the right to terminate this RFP at any time. Acceptance of Proposal Content The successful proposal shall become an integral part of the contract and its contents may become obligations if deemed necessary by the Issuing Office.It shall not,however,be considered the total binding obligation--those conditions shall be inclusive of a final negotiated and approved contract.Failure of the successful offeror to accept these obligations may result in cancellation of the award. Standard Contract Provisions The successful contractor will be required to sign the standard contract form for professional services.A copy is included in this RFP for your reference (Exhibit I).The contractor will be required to comply with the general contract provisions of this form.The contractor will also be required to sign as a part of the contract terms as identified in Exhibit II.These terms are as required under the funding contract with the State of Alaska. [AGENCY NAME]and the State of Alaska reserve the right to access and/or review any and all materials during the contracting efforts. Additional Terms and Conditions [AGENCY NAME]reserves the right to include additional terms and conditions during the process of contract negotiations. These terms and conditions must be within the scope of the original RFP and will be limited to clarification, definition,and administrative and legal requirements. Disclosure of Proposal Contents Confidentiality and/or release of proprietary information during proposal evaluation,contract negotiations and the protection and opening of proposals is the responsibility of the Issuing Office.Proposal information shall not be released prior to official action.Subsequent to official action,all proposals and their content will become available for public inspection. Alaska Statute 09.25.110 requires public records to be open to reasonable inspection by the public.All proposals and other materials become the property of the State of Alaska, Department of Community and Regional Affairs,and may be returned or retained by [AGENCY NAME]only at the option of the State.The State and [AGENCY NAME]reserve the right to use any of the ideas presented in any response to this RFP. Selection or rejection of the proposal(s)does not affect that right.Detailed costs and price information provided will be held in confidence until notice of award. Costs In the event a formal agreement is made between [AGENCY NAME]and a contractor,all costs proposed for the provision of the specified services must be firm for the period of the proposed contract,[DATES OF PERIOD OF PERFORMANCE]. Addenda to the RFP In the event it becomes necessary to revise any part of this RFP,addenda will be provided to any contractor who was provided the basic RFP package. Alaska Business License Except for governmental agencies and non-profit corporations,any successful respondent will be required to hold a valid Alaska business license required by Alaska Statute.For more information on these licenses,contact the Alaska Department of Revenue,Business Licenses,Pouch SA,Juneau,AK 99811,and the Alaska Department of Commerce and Economic Development,Division of Occupational Licensing,Pouch D,Juneau,AK 99811. Insurance Requirements The successful contractor must secure satisfactory insurance coverage as required by the State of Alaska,Department of Administration,Division of Risk Management.A current Certificate of Insurance must be provided to [AGENCY NAME] and the State of Alaska,Department of Community and Regional Affairs,Office of Energy Programs,949 E.36th Ave.,Anchorage,AK 99508.Failure to provide evidence of adequate coverage is a material breach and grounds for termination of the contract.Please review [AGENCY NAME] and State of Alaska Saved Harmless and Insurance Provisions for details on required coverages (Exhibit I). Subcontracts The successful contractor,as a result of this RFP,may be granted the right to subcontract all or a portion of the contractual service.All terms and conditions of this RFP and subsequent contract(s)must be included in any subcontracts. All respondents must list in their proposal the names and addresses of proposed subcontractors and the type and percentage of work they will be providing.Resumes and other pertinent information may also be included.As a part of the approved contract,subcontracts may be required to be selected utilizing a bid process similar to this RFP process. Economy of Prepartation Proposals should be prepared simply and economically, providing a straightforward,concise description of the contractor's ability to meet the requirement of the RFP. Fancy bindings,colored displays,promotional material, etc.,are not required.Emphasis should be on completeness and clarity of content. News Releases News releases pertaining to this RFP or the service,study, or project to which it relates may be made by the Issuing Office. Ownership of Documents All designs,drawings,specifications,notes,and other work developed in the performance of a contract as a result of this RFP are and will remain the sole property of the State of Alaska,and may be used by the State for any other purpose without additional compensation to the contractor. The State may permit such products to be retained by the contractor or [AGENCY NAME]. Independent Price Determination By submission of a proposal,the offeror certifies that the prices in the proposal have been arrived at independently without consultation,communication,or agreement,for the purpose of restricting competition,as to any matter relating to such prices with any other offeror or with any competitor. EXHIBIT I GENERAL PROVISIONS AND INSURANCE REQUIRED BY THE FUNDING SOURCE CONTRACT WITH THE STATE OF ALASKA FOR ALL SUBCONTRACTS Article 1. 1.1 1.2 Article 2. 2.1 2.2 Article 3. 3.1 APPENDIX A =GENERAL PROVISIONS DEFINITIONS In this contract and appendices,"Project Director" means the person who signs this contract on behalf of {AGENCY NAME] and includes a successor or authorized representative. "Agency"means the agency for which this contract is to be performed and for which the Project Director acted in signing this contract. INSPECTION AND REPORTS The Agency and the State of Alaska,Department of Community and Regional Affairs may inspect,in the manner and at reasonable times it considers appropriate,all the Contractor's facilities and activities under this contract. The Contractor shall make progress and other reports in the manner and at times the Agency reasonably requires. DISPUTES Any dispute concerning a'question of fact arising under this contract which is not disposed of by mutual agreement between the Agency and the Contractor as it may affect the State of Alaska shall be decided without bias by the Director of the State of Alaska,Department of Community and Regional Affairs,Division of Administrative Services who shall reduce his decision to writing and mail or otherwise furnish a copy of it to Agency.The decision of the Director is final and conclusive unless,within 30 days from the date of receipt of that copy,Agency mails or otherwise furnishes to the State Project Director a written appeal addressed to the Commissioner of the Department of Community and Regional Affairs.The Commissioner shall appoint a three-person board from the Department Article 4, 4.1 to hear the appeal,none of whom may be from the Division of Administrative Services.The decision of the board is final and conclusive,unless it is fraudulent or not supported by substantial evidence. In any proceeding under this article,the Contractor shall proceed diligently with the performance of the contract. This disputes article does not preclude consideration of questions of law in connection with decisions provided in 3.1 above.However,this article does not make the decision of any administrative official, representative or board on a question of law final or conclusive. EQUAL EMPLOYMENT OPPORTUNITY The Contractor may not discriminate against any employee or applicant for employment because of race, religion,color,national origin,or because of age, physical handicap,sex,or marital status,change in marital status,pregnancy or parenthood when the reasonable demands of the position do not require distinction on the basis of age,physical handicap,sex or marital status,changes in marital status,pregnancy or parenthood.The Contractor shall take affirmative action to insure that the applicants are employed and that employees are treated during employment without regard to their race,color,religion,national origin, ancestry,age,sex,or marital status.This action must include,but need not be limited to,the follow- ing:employment,upgrading,demotion,transfer, recruitment or recruitment advertising,layoff or termination,rates of pay or other forms of compensa- tion,and selection for training including apprentice- ship.The Contractor shall post in conspicuous places, available to employees and applicants for employment, notices setting out the provisions of this paragraph. The Contractor shall state,in all solicitations or advertisements for employees to work,that it is an equal opportunity employer and that all qualified applicants will receive consideration for employment without regard to race,religion,color,national origin,age,physical handicap,sex,or marital status. The Contractor shall send to each labor union or representative of workers with which the Contractor has a collective bargaining agreement or other contract or understanding a notice advising the labor union or workers'representative of the Contractor's commitments under this article and post copies of the notice in conspicuous places available to all employees and applicants for employment. The Contractor shall include the provisions of this article in every contract,and shall require the inclusion of these provisions in every contract entered into by any of its subcontractors,so that these provisions will be binding upon each subcontractor. For the purpose of including those provisions in any construction,maintenance,or service contract or subcontract,as required by this contract,"contractor" and "subcontractor"may be changed to reflect appropriately the name or designation of the parties of the contract or subcontract. The Contractor shall cooperate fully with the office or agency of the State of Alaska which seeks to deal with the problem of unlawful discrimination,and with all other State efforts to guarantee fair employment practices under this contract,and promptly comply with all requests and directions from the State Commission for Human Rights or any officers or agents relating to prevention of discriminatory employment practices. Full cooperation in paragraph 4.5 includes,but is not limited to,being witness in any proceeding involving questions of unlawful discrimination if that is requested by any official or agency of the State of Alaska;permitting employees of the Contractor to be witness or complainants in any proceeding involving questions of unlawful discrimination,if that is requested by an official or agency of the State of Alaska;participating in meetings;submitting periodic reports on the equal employment aspects of present and future employment;assisting in inspection of the Contractor's facilities;and promptly complying with all state directives considered essential by and office of the State of Alaska to insure compliance with all federal and state laws,regulations,and policies pertaining to the prevention of discriminatory employment practices. Failure to perform under this article constitutes a material breach of the contract. Article 5.TERMINATION The Project Director,by written notice,may terminate this contract,in whole or in part,when it is in the best interest of the Agency.The Agency is liable only for payment in accordance with the payment provisions of this contract for services rendered before the effective date of termination. Article 6.NO ASSIGNMENT OR DELEGATION This contract is personal and the Contractor may not assign or delegate this contract,or any part of it,or any right to any of the money to be paid under it,except with the written consent of the Project Director and the Agency. Article 7.NO ADDITIONAL WORK OR MATERIAL No claim for additional services,not specifically provided in this contract,performed or furnished by the Contractor, will be allowed,nor may the Contractor do any work or furnish any material not covered by the contract unless the work or material is ordered in writing by the Project Director and approved by the Agency. Article 8.INDEPENDENT CONTRACTOR The Contractor and any agents and employees of the Contractor act in an independent capacity and are not officers or employees or agents of the Agency in the performance of this contract. Article 9.PAYMENT OF TAXES As a condition of performance of this contract,the Contractor shall pay all federal,state,and local taxes incurred by the Contractor and shall require their payment by any subcontractor or any other persons in the performance of this contract.Satisfactory performance of this paragraph is a condition precedent to payment by the Agencyunderthiscontract. Article 10.OWNERSHIP OF DOCUMENTS All designs,drawings,specifications,notes,and other work developed in the performance of this agreement are and remain the sole property of the State of Alaska and may be used by the State for any purpose without additional compensation to the Contractor.The Contractor agrees not to establish any claim under the design patent or copyright laws.The Contractor,for a period of three years after final payment under this contract,agrees to furnish and provide access to all retained materials at the request of the Project Director or the State of Alaska.Unless otherwise directed by the Project Director,the Contractor may retain copies of all materials. Article ll.GOVERNING LAW This contract is governed by the laws of the State of Alaska. Article 12.CONFLICTING PROVISIONS Unless specifically amended and approved by the State of Alaska,Department of Law,the General Provisions of this contract supersede any provisions in other appendices. Article 13.OFFICIALS NOT TO BENEFIT No member of or delegate to Congress,United States Commissioner,or officials of the state or federal government,or the Agency may be admitted to any share or part of this contract or to any benefit to arise therefrom. Article 14.COVENANT AGAINST CONTINGENT FEES The Contractor warrants that no person or agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission,percentage, contingent fee,or brokerage except employees or agencies maintained by the Contractor for the purpose of securing business.For the breach of violation of this warranty,the Agency may terminate this contract without liability or in its discretion deduct from the contract price or considera- tion the full amount of the commission,percentage, brokerage,or contingent fee. APPENDIX B STATE SAVED HARMLESS &INSURANCE PROVISIONS Article 1.State Saved Harmless. The Contractor shall indemnify.save harmiess,and defend the State,its officers,agents and employees from liability of any nature or kind,including costs and expenses,for or on account of anyandalljegalactionsorclaimsofanycharacterwhatsoeverresultingtrominjuriesordamagessustainedbyanypersonorpersonsorpropertyasaresultofanyerror,omission or negligent act of theContractorrelatingtoitsperformanceofthiscontract.. All legat actions of claims including defense costs resulting from injuries or damages sustained by any person(s)or property arising from the Contractor's performance of this contract which willresultinjointliabilityoftheStateandContractorshallbeapportionedonacomparativefaultbasis.Any such joint liability on the part of the State must be due to active negligence on the part of theState. Article 2.Insurance. Ouring the life of this contract,the Contractor shall purchase and maintain insurance with a carrier or carriers Satisfactory to Department of Administration.Division of Risk Management covering in-jury to persons or property sutfered by the State of Alaska or a third party,as a resutt of errors or omissions or operations which arise both out of and during the course of this contract by the ContractororbyanySubcontractororanyonedirectly,or indirectly employed by them.The coverage will also provide protection against injuries by all employees of the Contractor and the employees of any subcontractorengagedimworkunderthiscontract.A Certiticate of Insurance will be furnished to the Contracting Officer prior to beginning work under this contract.This certificate will show evidence ofCoverageandprovideawrittenthirty(30)day prior notice to the Contracting Officer,of cancellation,non-renewal or material change.Failure to turnish satisfactory evidence of insurance or lapse of thepolicyisamaterialbreachandgroundstorterminationoftheContractor's services.: Before performing under this contract,evidence of the following coverages will be provided:2.1.Workers'Compensation Insurance:The Contractor shall provide and maintain,for all employees of the Contractor engaged in work under this contract,workers'compensation insurance asrequiredbyAS23.30.045.The Contractor shail be responsible for workers'compensation insurance for any Subcontractor who directly.or indirectly provides services under this contract,to include: 2.1.1.Statutory coverage for states in which employees are engaging in work. 2.1.2.Employer's Liability Protection in the amount of $500,000 per person/$500,000 per occurrence. 2.1.3.Broad Form All State's Endorsement. 2.1.4.All State and Federal Acts where applicable. 2.1.5.Voluntary compensation endorsement. 2.2.Comprehensive General Liability with coverage limits per contract schedule:* 2.2.1.Premises Operations. 2.2.2.Independent Cortractors. 2.2.3.Products/Compieted Operations. 2.2.4.Bianket Contractual 2.2.5.Persona!Injury. 2.3.Comprehensive Automobile Liability with coverage limits per contract schedule:* 2.3.1.All Owned Vehicles. 2.3.2.All Hired Vehicles. 2.3.3.All Non-owned Vehicles. 2.3.4,Uninsured Motorists. *LIMITS FOR ALL INSURANCE ARE PER THE FOLLOWING SCHEDULE Contrast Amount Minimum Required Limits Under $50,000 $250,000 per Occurrence/Annual Aggregate $50.000 -$99,999 $500,000 per Occurrence/Annual Aggregate $100.000 -$749,999 $1,000,000 per Occurrence/Annual Aggregate $750,000 -$1.499.999 $2,000,000 per Occurrence/Annua!l Aggregate $1,500,000 -$4,999,999 $5,000,000 per Occurrence/Annual Aggregate $5,000,000 or over Negotiable -Refer to Risk Management Deductible per loss may not exceed 2%of Contractor's annual gross receipts. 02-093A (11-82) (6) I. EXHIBIT ITI CONTRACT COMPLIANCE A.Contract After August 31,1985 Continuation of this contract past August 31,1985 is completely dependent upon the approval of continued funding by the U.S.Department of Energy.If this approval is not received,only expenses incurred prior to August 31,1985 will be reimbursed by the [AGENCY NAME].Before August 31,1985,the State of Alaska will notify [AGENCY NAME]which will in turn notify the contractor with written notification of the continuation or cessation of this contract after August 31,1985. Travel No out-of-state travel is authorized under'this contract without prior approval from the State of Alaska through [AGENCY NAME].All travel must be by the most economical coach fares available.Air charters shall be selected from the air taxi services offering rates consistent with those of other carriers in the operating area.The Contractor shall attempt to combine charter travel to share expenses with other funding sources when possible.Per diem rates cannot exceed those allowed by the federal or State governments.The use of a private automobile may be reimbursed at a rate not to exceed $0.25 per mile.The Contractor may use actual expenses in place of per diem if it is less than the allowed per diem. Default Provisions In the event that the Contractor fails to perform all the functions and provide all the deliverables as stated in this contract,the [AGENCY NAME]may find the Contractor in default.At such time,a certified letter will be sent notifying the Contractor that they are on probationary status. Termination Provision If after thirty (30)days from the receipt by the Contractor of the certified letter,the default condition still exists,the [AGENCY NAME]may terminate this contract by notifying the Contractor by certified mail of the cancellation.No expenses incurred after the date of the cancellation will be reimbursed under this contract. II.OTHER PROVISIONS A.Property Ownership Until such determination is made by the State of Alaska,the State retains rights of ownership to all materials and equipment purchased with contract funds. The State may transfer ownership rights to [AGENCY NAME]at its own discretion. Inventions and Patents If any patentable items,processes or inventions are produced under this contract,the Contractor shall notify the [AGENCY NAME]immediately.{AGENCY NAME] shall then notify the State of Alaska.The Federal Department of Energy and the State of Alaska shall then determine the disposition of such items or rights. Contractor Records {AGENCY NAME],the State of Alaska,the U.S.Department of Energy,the Comptroller General of the United States,or any of their duly authorized representatives,shall have access to any books, documents,papers,and records of the Contractor which are directly pertinent to this contract,for the purpose of making audit,examination,excerpts,and transcriptions.The Contractor shall maintain all required records for three years after the final payment is made and after disposition of all other pending matters or disputes. Funding Source The State of Alaska,Department of Community and Regional Affairs,and the U.S.Department of Energy shall be identified as funding sources in any materials published or produced under this contract.Any published item produced under this contract shall contain the following acknowledgement:"This (TYPE OF MATERIAL)was prepared with the support of the State of Alaska and the U.S.Department of Energy (DOE)Grant No.DE-FG51-80CS69081.However,any opinions, findings,conclusions,or recommendations expressed herein are those of the author(S)and do not necessarily reflect the views of the State of Alaska or DOE." Governing Regulations The Contractor shall adhere to the appropriate federal regulations listed below: 1.10CFR Part 600 ="U.S.Department of Energy Financial Assistance Rules" (All Contractors) 2.OMB Circular A-110 -"Uniform Requirements for Grants With Institutions of Higher Education,Hospitals, and Non-profit Organiza- tions" 3.OMB Circular A-122 -"Cost Principles for Non-profit Organizations" 4,OMB Circular A-102 "Uniform Requirements for Assistance for State and Local Governments" 5.OMB Circular A-87 "Cost Principles for State and Local Governments" 6.OMB Circular A-21 "Cost Principles for Educa- tional Institutions" 7.45 CFR Part 74 "Cost Principles for Hospitals" 8.FAR SUBPART 31.2 "Contracts with Commercial Organizations" III.PROCUREMENT STANDARDS A.The Contractor may use their own procurement policies and procedures as long as they at least include standards of the appropriate federal regulations. These standards are furnished to ensure materials and services are obtained in an effective manner.The Contractor's procurement system should include at least the following: 1.A code or standard of conduct that shall govern the performance of its officers,employees,or agents engaged in the awarding of contracts and selection of purchases using federal funds. 2.Assure all procurement transactions shall be conducted in a manner to provide,to the maximum extent practical,open and free competition. 3.Minimum procedural requirements as follows: a.Follow a procedure to assure the avoidance of purchasing unnecessary or duplicative items. b.Solicitations shall be based upon a clear and accurate description of the technical requirements of the procured items. c.Positive efforts shall be made to utilize small minority-owned businesses. d.The type of procuring instrument (fixed price,reimbursement,etc.)shall be determined by the Contractor but must be appropriate for the particular procurement and for promoting the best interests of the program. e.Subcontracts shall be made only with reasonable subcontractors who possess'the potential ability to perform successfully under the terms and conditions of the proposed procurement. £.Some form of price or cost analysis should be performed in connection with every procurement action. g.Procurement records and files for purchases shall include: (i)Subcontractor selection or rejection. (ii)The basis for the cost or price. h.A system for contract administration to ensure subcontractor conformance with terms, conditions and specifications of the contract,and to ensure adequate and timely follow-up of all purchases. The Contractor or any subcontractors must obtain prior written approval from [AGENCY NAME]and the State of Alaska for any sole-source contract or purchase or any contract or purchase with only one vendor bidding for a contract or purchase over $500.Prior approval requests shall include a copy of the proposed contract and any related procurement documents such as the RFP and justification for the non-competitive procurement. Purchases that are not allowed under the federal regulations will not be reimbursed under this contract. Cc.All subcontracts utilizing funds from this contract shall specify the requirements of Exhibit II herein. INVITATION FOR BIDS NAME AND LOCATION OF PROJECT CONTRACTING OFFICER CONTRACTING AGENCY 1.DESCRIPTION A. Building Energy Conservation Measures (ECMs)are to be installed as identified in the Technical Assistance (TA)StudyandmeetingtherequirementsoftheInstitutional. Conservation Program (ICP).The ECM's are described below: ECM#Description INVITATION FOR BIDS Additive or better alternatives may be proposed in addition to the basic proposal,but the energy savings from them must address the same problem and save as much or more energy without compromising the quality of the installation. INVITATION FOR BIDS BIDS A.Sealed bids in duplicate for furnishing all design, labor,equipment and materials and performing all work for the above project are hereby invited.Bids will be received until 4:00 p.m.local time and then publically opened and read at the headquarters of the Contracting Agency at the address shown above. A bid guaranty is required in each bid in the amount of 5%of the base bid amount. All questions relating to design features, constructability,quantities,or other technical aspects of this project should be directed to the Contracting Officer,,telephone number . Bids cannot be withdrawn for 30 calendar days subsequent to the bid opening.The Owner reserves the right to reject any and all bids. Envelopes containing bid submittals must be sealed and marked,"Do Not Open Bid Documents".Write the project name on the outside of the envelope also. Sample Envelope BIDDER'S NAME RETURN ADDRESS U | S | M A I L ECM Bid Bid DEADLINE: Do Not Open Bid Documents Postage Stamp Bids must be signed by an official authorized to bind the bidder to its provisions. INVITATION FOR BIDS COST ESTIMATE The cost estimates for each energy:conservation measure (ECM)as determined in the Technical Assistance (TA)Study are as follows: Building ,ECM #Design Cost Installation Cost INVITATION FOR BIDS COMPLETION -A.Substantial completion shall be by B.Final completion shall be by DOCUMENTS Contract documents will be available for the convenience and review of bidders at the office of the Contracting Agency and at the Energy Programs Office,Alaska Department of Community and Regional Affairs,949 E.36th Ave.,Suite 403, Anchorage,AK 99508,telephone 563-1955.. Requests for contract documents shall be made to the Contracting Agency.Requests should be accompanied by a check or money order in the amount of $(refundable) and made payable to the Contracting Agency's name.If requested,Contract Documents will be mailed Express Mail upon receipt of a 'separate deposit of $35.00 (non-refundable)for postage and handling.Make checks payable to the Contracting Agency's name. Documents remain the property of the Contracting Agency and must be returned by prepaid postage or in person.Full refund of the deposit will be made on documents which are returned in an acceptable condition including addenda, without notes,marks,or mutilations,within 15 days after the bid opening. The funding grant award,the Technical Assistance (TA).Study and the Energy Use Evaluation (EUE)for the buildings identified,and the Alaska State Plan for the Institutional Conservation Program (ICP)for schools and hospitals (which includes the federal regulation 10 CFR 455)are available for review at the Contracting Agency's office and also the following address: Alaska Department of Community and Regional Affairs Institutional Conservation Program 949 E.36th Ave.,Suite 403 Anchorage,AK 99508 (907)563-1955 -END OF SECTION INFORMATION TO BIDDERS The Contracting Agency is concerned over the manner in which bids are submitted.Bidders are requested to study and follow the bid assembly instructions as to the method and form for submitting bids so there will be no reason to reject a bid. 1.Examination of Contract Requirements a.Bidders are expected to examine carefully the plans,specifications and all other documents incorporated in the contract to determine the requirements thereof before preparing bids. Any explanation desired by bidders regarding the meaning or interpretation of drawings and specifications must be requested in writing and with sufficient time allowed for a reply to reach them before the submission of their bids.Oral explanations or instructions given before the award of the contract will not be binding.Any interpretations made will be in the form of an addendum to the specifications or drawings and will be furnished to all bidders and its receipt by the bidder shall be acknowledged. 2.Conditions at Site of Work Bidders are expected to visit the site to ascertain pertinent local conditions such as the location, accessibility and character of the site,labor conditions, the character and extent of the existing work within or adjacent thereto,and any other work being performed thereon. 3.Preparationof Bids a.Bids shall be submitted on the forms furnished or copies thereof,and must be manually signed in ink.If 'erasures or other changes appear on the forms,each such erasure or change must be initialed by the person signing the proposal. b.The bid schedule will provide for quotation of a price or prices for one or more pay items which may include unit price or lump sum items and alternate,optional, or supplemental price schedules or a combination thereof which will result ina total bid amount for theproposedconstruction. Where required on the bid form,bidders must quote onallitemsandTHEYAREWARNEDthatfailuretodoso will disqualify them.When quotations on all items are not required,bidders should insert the words "no bid" Page 1 of 6 INFORMATION TO BIDDERS in the space provided for any item not requiring a quotation and for which no quotation is made. The bidder shall specify a unit price in words and figures,for each pay item for which a quantity is given and shall also show the products of the respective unit prices and quantities written in figures in the column provided for that purpose and the total amount of the proposal obtained by adding the amounts of the several items.All the words and figures shall be in ink or typed.In case of a discrepancy between the prices written in words and those written in figures,the prices written in words shall govern.; Neither conditional nor alternative bids will be considered unless called for. Bids received prior to the time of opening will be securely kept,unopened.The officer whose duty it is to open them will decide when the specified time has arrived,and no bid received thereafter will be considered;except that when a bid arrives by mail after the time fixed for opening,but before award is made,and it is shown to the satisfaction of the officer authorized -to make the award that the nonarrival on time was due solely to delay in the mails for which the bidder was not responsible,such bid will be received and considered. Unless specifically called for,telegraphic or telefacsimile bids will not be considered.Telegraphic or telefacsimile modifications of bids already submitted will be considered,provided they are received prior to the time set for opening bids. Telegraphic oor telefacsimile modifications shall include both the modification of the unit bid price and the total modification of each item modified. Telegraphic or telefacsimile modifications shall not reveal the amount of the total original or revised bids. Bid Security All bids shall be accompanied by a bid security in the form of an acceptable Bid Bond,or a certified check,cashier's check or money order made payable to the name of the Contracting Agency.The amount of the bid security is specified on the Invitation for Bids. Page 2 of 6 INFORMATION TO BIDDERS Bid Bonds must be accompanied by a legible Power of Attorney. If the bidder fails to furnish an acceptable bid security with the bid,the bid shall be rejected as non-responsive. Telegraphic or telefacsimile notification of execution of a Bid Bond does not meet the requirements of bid security accompanying the bid.No individual surety will be accepted in lieu of Bid Bond,Certified Check,Cashier's Check,or Money Order. The bid securities of the two lowest bidders will be held by the Contracting Agency until the Contract has been executed, after which such bid securities will be returned.All other bid securities will be returned as soon as practicable. If all bids are rejected,all bid securities will be returned as soon as practicable. Bidders Qualifications Before a bid is considered for award,the bidder may be requested by the Contracting Agency to submit a statement of facts,in detail,as to his/her previous experience in performing comparable work,his/her business and technical organization,financial resources,and plant available and to be used in performing the contemplated work. Submission of Bids Bids must be submitted as directed on the INVITATIONFOR BIDS.Do not include in the envelope any bids for other work. Addenda Requirements The bid documents provide for acknowledgement individuallyofalladdendatothedrawingsand/or specifications on the Proposal.All addenda shall be acknowledged on the Proposal or by telegram or by telefacsimile prior to the scheduled time of bid opening.If no addenda are received by the bidder,the word "None"should be shown as specified. Every effort will be made to insure that Contractors receive all addenda when issued.Addenda will be sent to the address of the individual or company requesting documents, and to the Plan Centers where this original bid package was sent.,, Page 3 of 6 INFORMATION TO BIDDERS 10. 11. 12. Withdrawal of Bids A Bid may be withdrawn by a written,telegraphic,or telefacsimile request received from the bidder prior to the time fixed for opening.Negligence on the part of the bidder in preparing the bid confers no right for the withdrawal of bid after it has been opened. Receipt and Opening of Bids a.All bids,including any amendment or withdrawal must be received by the Contracting Agency prior to the scheduled time of bid opening.Any bid,amendment,or withdrawal which has not been actually received by the Contracting Agency prior to the time of the scheduled bid opening will not be considered. b.No responsibility will be attached to any officer or employee of the Contracting Agency for the premature opening of,or failure to open,a bid improperly addressed or identified. c.The Contracting Agency reserves the right to waive any technicality in bids received when such waiver is in the interest of the Contracting Agency. Bidders Present _At the time fixed for bid opening,bids will be publically opened and read for the information of bidders and others properly interested,who may be present either in person or by representative.Bids are not open for public inspection until after the Notice of Intent to Award is issued. Bidders Interested in More Than One Bid If more than one bid is offered by any one party,by or.in the name of his/her or their clerk or partner,all such bids will be rejected.A party who has quoted prices to a bidder is not thereby disqualified from quoting prices to other bidders or from submitting a bid directly for the work. Rejection of Bids The Contracting Agency reserves the right to reject any and all bids when such rejection is in the best interest of the Contracting Agency;to reject the bid of a bidder who haspreviouslyfailedtoperformproperly,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,ina position to perform the contract;and to reject a bid as Page 4 of 6 INFORMATION TO BIDDERS 13. 14. nonresponsive 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. Award of Contract a.The letter of award,if the contract is to be awarded, will be issued as soon as practical and within 30 calendar days after opening proposals. b.The exception to 13a above is if only one bid is received or if this is a sole-source contract.Prior written approval must be obtained from the State of Alaska,Department of Community and Regional Affairs or the U.S.Department of Energy,whichever is the responsible funding source.This will delay the issuance of the Notice of Award beyond the 30 calendar days,and may even require a new Invitation to Bid. c.All bidders will be notified of the Contracting Agency's intent to Award the Contract and the successful bidder will be requested to execute certain documents,including the Contract form and bonds. d.The contract will be awarded to the successful bidder following receipt by the Contracting Agency of all required documents,properly executed,within the time specified in the intent to award.Failure to enter into a contract within the specified time shall be grounds for forfeiture of the bid security and grounds for the Contracting Officer to proceed to award the contract to others. Required Insurance The successful bidder must submit a Certificate .of Insurance,showing the types of coverage and limits of each, to the Contracting Agency before award can be made. Insurance coverage must contain worker compensation (AS 23.30.045)and any other policies specifically listed in the contract provisions.The Certificates of Insurance must contain the stipulation that the Contracting Agency shall be given not less than 30 days written notice in the event of any material change,cancellation or expiration of the insurance coverage listed. Page 5 of 6 INFORMATION TO BIDDERS REQUIRED DOCUMENTS Required for Bid Bids will not be considered if the following documents are not completely filled out and submitted at the time of bidding: Proposal and Bidder's Affadavitof Non-Collusion (must besigned). Non-Debarment Affadavit (must be signed). Assurance of Compliance (must be signed). Bid Schedule. Bid Security. Corporate Acknowledgement (if applicable)Executed and Signed. Required for Award OYAUUPWNHEH°pane)Oe.LyIn order to be awarded the contract,the successful bidder must completely fill out and submit the following documents within the time specified in the intent to award letter: Contract Required Contract Provisions Laborer's and Mechanics'Minimum Rates of Pay,1/1/88 Federal Wage Rates,7/22/88 Certificate of Insurance 'EEO-1 Certification (25A304) Alaska Business License. ; Alaska Contractor's Certificate of Registration (if applicable). Subcontractor List for All Subcontracts Non-Debarment Affadavit signed by each subcontractor Page 6.of 6 PROPOSAL Name of Firm or Individual Full Name of All Partners Business Address Alaska Contractor's Certificate of Registration Number Alaska Business License Number To the CONTRACTING OFFICER of In compliance with your Invitation for Bids datedtheUndersignedproposestofurnishanddeliverall the material and do all the work and labor required for the final design and construction of the energy conservation measures (ECM's) according to the plans and specifications and for the amount and prices named herein as indicated on the Bid Schedule consisting of sheets,which is made a part of this Bid. The Undersigned declares that he/she has carefully examined the contract requirements and that he/she has made a_personal examination of the site of the work;that he/she understands that the quantities,where such are specified in the Bid Schedule or on the plans for this project,are accurate and not subject to increase in quantities of work or materials unless so agreed upon in the Contract Documents. The Undersigned hereby agrees to execute the said contract and bonds within ten calendar days or such further time as may be allowed in writing by the Contracting Officer after receivingnotificationoftheacceptanceofthisproposalwithanotice.ofintenttoaward,and it is hereby mutually understood and agreed that in case the Undersigned does not,the accompanying bid guarantee shall be forfeited to the Contracting Agency as liquidated damages,and the said Contracting Officer may proceed to award the contract to others. We hereby agree to commence with work within calendar days and to complete the work within calendar days after the effective date of the Notice to Proceed,or by unless extended in writing by the Contracting Officer. The Undersigned acknowledges receipt of the following addenda to the drawings and/or specifications (give number and date of each. If none received,write in the word "None"). Addenda #Date Issued The Undersigned represents (check appropriate box)that he/she operates as an individual,partnership,joint venture,corporation incorporated in the State of . The Undersigned has read the foregoing bid form and proposal and hereby agrees to the conditions stated therein by affixing his/her signature below. Signature Title Typed or Printed Name Date Address Telephone Number RREKKKKEKEKEEEKEEEEKREKKEEREKERREKREKEREREKKEKRKEKRKEKKRKERKEKRKEKKKEKKKRKKEKKEEKEE NON-COLLUSION AFFIDAVIT UNITED STATES OF AMERICA ss STATE OF ALASKA I,,of (Name of Officer)(Name of Firm) being duly sworn,do depose and state: That I,or the firm,association or corporation of which I am amember,a bidder on the contract to be awarded byfortheconstructionofenergy conservation measures (ECMs)designated as located at ,in the State of Alaska,have not, either directly or indirectly,entered into any agreement, participated in any collusion,or otherwise taken any action inrestraintoffreecompetitivebiddinginconnectionwithsuch contract. (Signature) Subscribed and sworn to this day of Notary Public My Commission Expires: BID SCHEDULE BIDS FOR LUMP SUM CONTRACT Project:Energy Conservation Measures at Proposal of (hereinafter called the BIDDER),a Contractor operated under the laws of the State of ,a partnership,a joint venture.oranindividual,doing business as to (hereinafter called the Contracting Agency). Gentlemen: A.The BIDDER,in compliance with your invitation for bids for the construction of the project indicated above,has examined the drawings and specifications with the related documents and being familiar with all of the conditions surrounding the construction of the proposed project, including the availability of materials and the project site,agrees to construct the project in accordance with the Contract Documents,within the times set forth herein and for the prices stated herein. The BIDDER agrees to commence work under the Contract on or before the date to be specified in the written Notice to Proceed issued by the Contracting Agency and fully complete the project within the time stipulated in the Contract Documents. The BIDDER agrees to enter into a contract in accordance with the sum indicated below. It is understood that it is the intent of the Contracting Agency that Basis of Award shall be that which proves most advantageous to the Contracting Agency.It is the Contracting Agency's preference to award all construction, if possible. In accordance with the above,we as BIDDER hereby submit the following prices for the proposed project: BASIC BID F.Lump Sum Bids -Base Bid In accordance with the above,we as Bidder hereby submit the following prices for the proposed project: Building ECM#Design Cost Materials and Installation Cost (Words)(Words) $$ (Words)(Words) $$ (Words)(Words) $$ (Words)(Words) $$ (Words)(Words) 3 -__§$ (Words)(Words) $$ G.Lump Sum Alternate Bids In accordance with the above,we as Bidder hereby submit the following prices for the proposed alternative approaches to the above energy conservation measures: Ed Building ECM#Design Cost Materials and Installation Cost (Words)(Words) $$ (Words)(Words) $$_ (Words)(Words) Enclosed is a bid bond in the amount of $ (bid bonds must be in the amount of 5%of the base bid). Company Name Authorized Representative &Title Company Address Signature of Authorized Representative Company Telephone Number Date Corporate Seal (if a corporation) END OF BID SCHEDULE CONTRACTOR AFFIDAVIT OF NON-DEBARMENT UNITED STATES OF AMERICA ss -eeeeSTATE OF ALASKA I, (Name of Officer)(Name of Firm) being duly sworn,do depose and state: That I am not,and the firm,association or corporation which I represent is not presently suspended,debarred or otherwise deemed ineligible under federal law or the laws of any state to receive the award of a public contract. (Signature) Subscribed and sworn to.this day of ,19 Notary Public My Commission Expires: CONTRACT THIS CONTRACT,made this day of ,A.D., 19 ,between . Acting by and through its Contracting Officer,party of the first part and of A CORPORATION,incorporated under the laws of the State of ,its successors and assigns,party of the second part,hereinafter called the Contractor.WITNESSETH:That the Contractor,for and in consideration of the payment or payments herein specified and agreed to by the party of the first part,hereby covenants and agrees to provide final design,furnish and deliver all the materials and to do and perform all the work and labor required in the construction and installation of energy conservation measures at the located at ,Alaska,at the price bid by the Contractor in the sum of: ($).The Contract Sum is determined as follows:(State here the base bid or other lumpsumamount,accepted alternates,as applicable.) The Contractor hereby agrees to receive the prices set forth above as full compensation for furnishing the final design and all materials and labor which may be required in the prosecution and completion of the whole work to be done under this Contract, and all respects to complete the Contract to the satisfaction of the Contracting Officer. The Contractor further covenants and agrees that all of the work and labor shall be done and performed in the best and most workmanlike manner and that all materials and labor shall be in strict and entire conformity in every respect with the Plans and Specifications finally approved by the Contracting Officer;that the Contractor will abide by and perform all stipulations, covenants,and agreements specified in Plans and Specifications finally approved by the Contracting Officer and which thereby become a part of this Contract as to all premises therein;and in case materials or labor shall be rejected by the ContractingOfficerorhisassistantorauthorizedrepresentativeas defective or unsuitable,then the materials shall be removed or replaced with other approved materials and the labor shall be done anew,to the satisfaction of the Contracting Officer or hisrepresentatives,at the cost and expense of the Contractor. The Contractor further covenants and agrees that the entire construction shall be done under the administration and to the complete satisfaction of the Contracting Agency subject to inspection at all times and approval by any participating agency of the Government of the United States of America or the State of Alaska,and in accordance with the Laws of the State of Alaska and rules and regulations of said Federal Agency. It is distinctly understood and agreed that no claim for additional work or materials,done or furnished by the Contractor and not specifically herein provided for,will be allowed by the Contracting Officer,nor shall the Contractor do any work or furnish any material not covered by this Contract,unless such work is ordered in writing by the Contracting Officer.In no event shall the Contractor incur any liability by reason of verbal directions or instructions given by the Contracting Officer or his representatives,nor will the party of the first part be liable for any materials furnished or used,or for work or labor,unless the materials,work,or labor are required bytheContractoronwrittenorderfurnishedbytheContracting Officer.Any such work or materials which may be done or furnished by the Contractor without written order first being given shall be at the Contractor's own risk,cost,and expense and the Contractor hereby covenants and agrees to make no claim for compensation for work or materials done or furnished without such written order. The Contract Documents consist of this Contract,the Conditions of the Contract (General,Supplementary and Other Conditions), Required Contract Provisions,the State of Alaska Department of Labor's Laborers'&Mechanics'Minimum Rates of Pay dated January 1,1988,the Federal Wage Rates dated July 22,1988,the Drawings,the Specifications,all Addenda issued prior to and all approved designs and Modifications issued after execution of this Contract.These form the Contract and all are as fully a part of the Contract as if attached to this Contract and repeated herein. The Contract Documents,except as modifications issued after execution of this Contract are enumerated as_follows:(List below the Conditions of the Contract (General,Supplementary,and Other Conditions),the Drawings,the Specifications,and any Addenda and Accepted alternates,showing page or sheet numbers in all cases and dates where applicable.) The Contractor further covenants and agrees that all materials shall be furnished and delivered and all labor shall be done and performed,in every respect,to the satisfaction of the Contracting Officer,on or before ,or within calendar days.It is expressly understood and agreed that in case of the failure on the part of the Contractor, for any reason,except with the written consent of the Contracting Officer,to complete the furnishing and delivery of materials and the doing and performance of the work before the aforesaid date,the party of the first part shall have the right to deduct from any money due or which may become due the Contractor,or if no money shall be due,the party of the first part shall have the right to recover ($)per day for each calendar day elapsing between the time stipulated for the completion and the actual date of completion in accordance with the terms hereof;such deduction to be made,or sum to be recovered,not as a penalty but as liquidated damages.Provided,however,that upon receipt of written notice from the Contractor of the existence of causes over which the Contractor has no control and which must delay the completion of the work,the Contracting Officer,may,at his discretion,extend the period specified for the completion of the work,and in such case the Contractor shall become liable for liquidated damages for delays commencing from the date on which the extended period expires. The Contracting Officer,by the authority vested in him,has executed this Contract on behalf of ,and the ha hereunto set hand and corporate seal,the day and year first above written. Contracting Agency Contractor BYs BY: Contracting Officer Title STATE OF ALASKA DEPARTMENT OF TRANSPORTATION _AND PUBLIC FACILITIES EEO-1 CERTIFICATION This CERTIFICATION is required by the Equal Employment Opportunity Regulations of the Secretary of Labor [41 CFR 60-1.7(b)(1)]and must be completed by each BidderandproposedSubcontractorparticipatinginthiscontract. (PLEASE CHECK APPROPRIATE BOXES) The Bidder []proposed Subcontractor []hereby CERTIFIES: PART A.This firm is exempt from the requirement of submitting the Standard Report Form 100 this year. []YES (go to PART C) {]No (go to PART B) Bidders and proposed Subcontractors with 50 or more employees and a federal contract amounting to $50,000 or more are required to submit one federal Standard Report Form 100 during each year the two conditions (50 employees and a $50,000federalcontract)exist. Instructions and blank Standard Report Form 100's may be obtained from a local U.S.Department of Labor office,or by writing to: The Joint Reporting Committee P.O.Box 2236 Norfolk,Virginia 23501 Telephone:(804)625-3734 PART B.This firm has submitted the Standard Report Form 100 this year. []YES {]NO NOTE:Bidders and proposed Subcontractors who have not filed the required Standard Report Form 100 and are not exemptfrom filing requirements will not be awarded this contract or subcontract until Form 100 has been filed for the current year ending June 30. PART C.° Signature of Authorized Representative of Company Date :() 'Name of Company Phone Address of Company Zip Code Project No.Project Name Form 25A304 (Rev.1/86) FEDERAL EEO BID CONDITIONS STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFI- CATIONS (EXECUTIVE ORDER 11246).FOR ALL NON-EXEMPT FEDERAL AND FEDERALLY- ASSISTED CONSTRUCTION CONTRACTS TO BE AWARDED IN THE STATE OF ALASKA 1.As used in these specifications: a."Covered area"means the geographical area described in the solici- tation from which this contract resulted; b."Director"means Director,Office of Federal Contract Compliance Pro- grams,United States Department of Labor,or any persons to whom the Director delegates authority; c."Employer identification number"means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return,U.S.Trea- sury Department Form 941. d."Minority"includes: (1)Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (2)Hispanic (all persons of Mexican,Puerto Rican,Cuban,Central or South American or other Spanish culture or origin,regardless of race); (3)Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East,Southeast Asia,the Indian Subcontinent,or the Pacific Islands);and (4)American Indian or Alaska Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and partici- pation or community identification). Whenever the Contractor,or any subcontractor at any tier,subcontracts a portion of the work involving any construction trade,it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicita- tions from which this contract resulted. If the Contractor is participating (pursuant to 41 CFR 60-4.5)in a Hometown Plan approved by the U.°S.Department of Labor in the covered area,either individually or through an association,its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan.Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan.Each Contractor or subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause,and to make good faith effort to achieve each goal under the Plan in each trade in which it has employees.The overall good faith perform- ance by other Contractors or subcontractors © Form 25A301 (5/85);:Page 1 of 7 toward a goal in an approved Plan does not excuse any covered Contrac- tor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7(a)through 7(p)of these specifications.The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area.The Contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified. Covered construction contractors performing construction work in geograph- ical areas where they do not have a federal or federally-assisted construc- tion contract shall apply the minority and female goals established for the geographical area where the work is being performed.Goals are published periodically in the Federal Register in notice form,and such notices may be obtained from any Office of Federal Contract Compliance Programs or from federal procurement contracting officers. Neither the provisions of any collective bargaining agreement,nor the failure by a union with whom the Contractor has a collective bargaining agreement,to refer either minorities or women shall excuse the Contrac- tor's obligations under these specifications,Executive Order 11246,or the regulations promulgated pursuant thereto. In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals,such apprentices and trainees must be employed by the Contractor during the training period,and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training,subject to the availability of employment opportunities.Trainees must be trained pursuant to training programs approved by the U.S.Department of Labor. The Contractor shall take specific affirmative actions to ensure equal employment opportunity.The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions.The Contractor shall document these efforts fully,and shall implement affirmative action steps at least as extensive as the following: a.Ensure and maintain a working environment free of harassment,intimi- dation,and coercion at all sites,and in all facilities at which the Contractor's employees are assigned to work.The Contractor,where possible,will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen,superinten- dents,and other on-site supervisory personnel are aware of and carry out the Contractor's obligations to maintain such a working environ- ment,with specific attention to minority or female individuals working at such sites or in such facilities.. b.Establish and maintain a current list of minority and female re- cruitment sources,provide written notification to minority and fe- male recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, 25A301 (5/85)Page 2 of 7 and maintain a record of the organizations'responses. c.Maintain a current file of the names,addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union,a recruitment source or community organization and of what action was taken with respect to each such individual.If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or,if referred,not employed by the Contractor,this shall be documented in the file with the reason therefor,along with whatever additional actions the Contractor may have taken. da.Provide immediate written notification to the Director when theunionorunionswithwhichtheContractorhasacollectivebargain- ing agreement has not referred to the Contractor a minority person or woman sent by the Contractor,or when the Contractor has other information that the union referral process has impeded the Contrac- tor's efforts to meet its obligations. e.Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women,including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor.The Contractor shall provide notice of these programs to the sources compiled under 7(b)above. £.Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their coopera- tion in assisting the Contractor in meeting its EEO obligations;by- including it in any policy manual and collective bargaining agree- ment;by publicizing it in the company newspaper,annual report etc; by specific review of the policy with all management personnel and with all minority and female employees at least once a year;and by .posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g.Review,at least annually,the company's EEO policy and affirmative action obligations under these 'specifications with all employees having any responsibility for hiring,assignment,layoff,termina- tion or other employment decisions including specific review of these items with on-site supervisory personnel such as Superinten- dent,general foreman,etc.,prior to the initiation of construction work at any job site.A written record shall be made and maintained identifying the time and place of these meetings,persons attending, subject matter discussed,and dispositions of the subject matter. h.Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media,specifically including minor- ity and female news media,and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. i.Direct its recruitment efforts,both oral and written,to minority, female and community organizations,to schools with minority and 25A301 (5/85)Page 3 of 7 25A301 (5/85) female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employ- Ment needs.Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source,the Contractor shall send written notifica- tion to organizations such as the above,describing the openings, screening procedures,and tests to be used in the selection process. 3.Encourage present minority and female employees to recruit other minority persons and women and,where reasonable,provide after school,summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's workforce. k.Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. 1.Conduct,at least annually,an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for,through appro- priate training,etc.,such opportunities. m.Ensure that seniority practices,job classifications,work assign- ments and other personnel practices,do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contrac- tor's obligations under these specifications are being carried out. n.Ensure that all facilities and company activities are nonsegregated except that separate or single-used toilet,necessary changing facilities and necessary sleeping facilities shall be provided to assure privacy between the sexes. Oo.Document and maintain a record of all solicitations of offers for subcontractors from minority and female construction contractors and suppliers,including circulations of solicitations to minority and female contractor associations and other business associations. p.Conduct a review,at least annually,of all supervisors'adherence to and performance under the Contractor's EEO policies and affirm- ative action obligations. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations 7(a)through 7(p).The efforts of a contractor association,joint contractor-union,contractor-community,or other similar group of which the Contractor is a member and participant,may be asserted as fulfilling any or more of its obligations under 7(a)through 7(p)of these specifi- cations provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry,ensures that the con- crete benefits of the program are reflected in the Contractor's minority and female work force participation,makes a good faith effort to meet its individual goals and timetables,and can provide access to documen- tation which demonstrates the effectiveness of actions taken on behalf of the Contractor.The obligation to comply,however,is the Contractor's and failure of such a group to fulfill an obligation shall not be adefensefortheContractor's noncompliance. Page 4 of 7 9. 10. 11. 12. 13. 14. 15. 16. 25A301 (5/85) A single goal for minorities and a separate goal for women have been established.The Contractor,however,is required to provide equal employment opportunity and to take affirmative action for all minority groups,both male and female,and all women,both minority and non-minor- ity.Consequently,the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example,even though the Contractor has achieved its goals for women generally,the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). The Contractor 'shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color,religion,sex or national origin. The Contractor shall not enter into any subcontract with any person or firm debarred from government contracts pursuant to Executive Order 11246. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause,including suspension,termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246,as amended,and its implementing regulations,by the Office of Federal Contract Com- pliance Programs.Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246,as amended. The Contractor,in fulfilling its obligations under these specifications, shall implement specific affirmative action steps,at least as extensive as those standards prescribed in paragraph 7 of these specifications,so as to achieve maximum results from its efforts to ensure equal employment opportunities.If the Contractor fails to comply with the requirements of the Executive Order,the implementing regulations or these specifica- tions,the Director shall proceed in accordance with 41 CFR 60-4.8. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out,to submit reports relating to the provisions hereof as may be required by the Government and to keep records.Records shall at least include for each employee the name,address,telephone numbers, construction trade,union affiliation if any,employee identification number when assigned,social security number,race,sex,status (e.g., mechanic apprentice,trainees,helper,or laborer),dates of changes in status,hours worked per week in the indicated trade,rate of pay,and locations at which the work was performed.Records shall be maintained in an easily understandable and retrievable form;however,to the degree that the existing records satisfy this requirement,Contractors shall notberequiredtomaintainseparaterecords. Nothing herein provided shall.be construed as a limitation upon the application of other laws which establish different standards of com- pliance or upon the application of requirements for the hiring of local or other area residents (e.g.,those under the Public Works Employment Act of 1977 and the Community Development Block Grant Programs). The Bidder's attention is called to the "Equal Opportunity Clause"and the "Standard Federal Equal Employment Opportunity Construction Contract Page 5 of 7 17. 18. 19. 20. 25A301 (5/85) Specifications"set forth herein. The goals and timetables for minority and female participation,expressed in percentage terms for the Contractor's aggregate work force in each trade on all construction work in the covered area,are as set forth in item 21. These goals as listed in item 21 are applicable to all the Contractor's construction work (whether or not it is federal or federally-assisted) -performed in the covered area. The contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause,specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a),and its efforts to meet the goals.If the Contractor performs construction work in a geo- graphical area located outside of the covered area,it shall apply the goals established for such geographical area where the work is actually performed.With regard to this second area,the Contractor also is subject to the goals for both its federally involved and non-federally involved construction. The hours on minority and female employment and training must be substan- tially uniform throughout the length of the contract,and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects.The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract,the Executive Order and the regula- tions i 41 CFR Part 60-4.Compliance with the goals will be measured against the total work hours performed. The Contractor shall provide written notification to the Department,for all subcontracts documents as follows:the name,address and telephone number of subcontractors and their employer identification number;the estimated dollar amount of the subcontracts;estimated starting and com- pletion dates of the subcontracts;and the geographical area in which the contract is to be performed. This written notification shall be required for all construction sub- contracts in excess of $10,000 at any tier for construction work under the contract resulting from this project's solicitation. As used in the Bid Proposal Notice,and in the contract resulting from this project's solicitation,the "covered area"is the State of Alaska. The contractor shall submit the following reports: a.a copy of the CC-257 will be submitted by the 10th of each month to the OFCCP and the Civil Rights Office,Pouch Z,Juneau,99811 re- flecting the composition of its workforce during the previous month. b.The contractor will submit a 25A-333 for his firm and a 25A-334 for each subcontractor working during July,reflecting the composition of his/her project workforce during the last full pay period of the month., . . Page 6 of 7 21. 25A301 (5/85) Goals and Timetables a. From kek The following goals and timetables for female utilization shall be included in all federal and federally-assisted construction con- tracts and subcontracts in excess of $10,000.The goals are applic- able to the contractor's aggregate on-site construction work force whether or not part of that work force is performing work on a federal of federally assisted construction contract or subcontract. ALASKA GOALS AND TIMETABLES FOR WOMEN* Timetable Goals in percent** April 1,1980 until further notice 6.9% Until further notice,the following goals and timetables for minor- ity utilization shall be included in all federal or federally- assisted construction contracts and subcontracts in excess of $10,000 to be performed in Alaska.The goals are applicable to the Contractor's aggregate on-site construction work force whether or not part of that work force is performing work on a federal or federally-assisted construction contract or subcontract. ALASKA GOALS AND TIMETABLES FOR MINORITY UTILIZATION Timetable Economic Area (EA)***Goals in percent** Until Anchorage SMSA Area 08.7% further notice Statewide,except Anchorage SMSA Area 15.1% The goals and timetables for women listed above apply to Alaska as well as nationwide. The Director,from time to time,shall issue goals and timetables for minority and female utilization which shall be based on appro- priate work force,demographic or other relevant data and which shall cover construction projects,or construction contracts per- formed in specific geographical areas.The goals shall be applic- able to each construction trade in a covered contractor's or sub- contractor's entire work force which is working in the area covered by the goals and timetables,shall be published as notices in the FEDERAL REGISTER,and shall be inserted by the contracting officers and applicants,as applicable,in the Notice required by 41 CFR 60-4.2 Covered construction contractors performing construction work in geographical areas where they do not have a federal or federally-assisted construction contract .shall apply the minority and female goals established for the geographical area where the work is being performed., Refer to the Standard Metropolitan Statistical Areas (SMSA)and Economic Areas (EA),Office of Management and Budget,1975. 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