2 AAC 12 — Procurement (Article 1 to 18)

An agency may not contract for the services of legal counsel without the prior written approval of the attorney general. Contracts for the services of legal counsel may incorporate clauses for adjustments in prices, time of performance, and total dollar amount. Notes 2 AAC 12.040…

(a) The chief procurement officer shall use the list maintained by the division of vocational rehabilitation of employment programs that qualify under AS 36.30.990(11). (b) A procurement officer may fulfill agency requirements by procuring supplies produced or services performed …

The chief procurement officer may prepare and approve specifications for supplies or services. The commissioner of transportation and public facilities may prepare and approve specifications for construction and purchases for the state equipment fleet. Notes 2 AAC 12.070 Eff. 1/1…

(a) The purpose of a specification is to serve as a basis for obtaining, in a cost effective manner, a supply, service, or construction item suitable for the state's needs. (b) Specifications must, to the extent practicable, emphasize functional or performance criteria necessary …

Except for specifications relating to procurements under 2 AAC 12.400(b), all specifications must describe the requirements to be met without having the effect of exclusively requiring a proprietary supply, service, or construction item, or procurement from a single source, unles…

Except for specifications relating to procurements under 2 AAC 12.400(b), a specification that limits the procurement of items to a specific manufacturer's name or catalog number may be used only if the procurement officer determines in writing that only the identified brand name…

(a) A qualified products list may be developed with the approval of the chief procurement officer, or the commissioner of transportation and public facilities, if testing or examination of the supplies or construction items before issuance of the solicitation is desirable or nece…

(a) An invitation to bid must include the following:(1) instructions and information to bidders concerning the bid submission requirements, the time and date set for receipt of bids, the address of the office to which bids are to be delivered, the maximum time for bid acceptance …

(a) Except for small purchases made under 2 AAC 12.400, notice of an invitation to bid shall be given by posting on the Alaska Online Public Notice System as required by AS 36.30.130(a). Notice may also be provided in accordance with AS 36.30.130 by one of the following methods: …

(a) A bid may be corrected or withdrawn by written request received in the office designated in the invitation for bids before the time and date set for opening. (b) A request under (a) of this section must provide authorization for the person making the correction or withdrawal …

(a) A bid must be submitted with the invitation to bid number clearly identified. The rest of the bid must be in a form that cannot be viewed until opened by the procurement officer. Upon receipt, a bid correction shall be securely stored until the time and date set for bid openi…

A bid received after the time and date set for receipt of bids is late. A correction or withdrawal of a bid received after the time and date set for opening of bids at the place designated for opening is late. A late bid correction, or withdrawal, may not be accepted unless the d…

(a) Inadvertent errors discovered after opening but before award, other than minor informalities, may not be corrected. If a bidder submits proof that clearly and convincingly demonstrates that an inadvertent error other than a minor informality was made, the bidder may withdraw …

(a) Award of a bid may not be based on discrimination due to the race, religion, color, national origin, sex, age, marital status, pregnancy, parenthood, disability, or political affiliation of the bidder. A bid shall be evaluated to determine whether the bidder responds to the p…

If only one responsive bid is received in response to an invitation to bid, including multi-step bidding, an award may be made to the single bidder if the bidder is responsible and if the procurement officer finds that the price submitted is fair and reasonable and that either ot…

Following award, a record showing the basis for determining the successful bidder shall be made a part of the procurement file. Notes 2 AAC 12.200 Eff. 1/1/88, Register 104 Authority:AS 36.30.040 AS 36.30.500

Notice of intent to award does not constitute a formal award of a contract. The notice of intent to award must include (1) a statement of the bidder's right under AS 36.30 to protest the award, including the time within which the protest must be received; and (2) the name of the …

(a) The following types of supplies and services, for which the use of competitive sealed bidding is either not practicable or not advantageous to the state, may be procured by competitive sealed proposals without a written determination by the procurement officer:(1) professiona…

Public notice shall be given by distributing the request for proposals or notice of requests for proposals in the manner provided in 2 AAC 12.130. Notes 2 AAC 12.220 Eff. 1/1/88, Register 104 Authority:AS 36.30.040 AS 36.30.210

A proposal may be corrected, modified, or withdrawn before the time and date set for receipt of proposals, in the manner described in 2 AAC 12.140. Notes 2 AAC 12.230 Eff. 1/1/88, Register 104; am 3/27/93, Register 125; am 2/28/2014, Register 209, April 2014 Authority:AS 36.30.04…

Proposals, modifications, and corrections shall have the date and time of receipt recorded upon receipt, and shall be held securely. After the date set for receipt of proposals, a register of proposals must be prepared. The register must include the name of each offeror and a des…

Unless otherwise provided in the request for proposals, a proposal, correction, modification, or withdrawal received after the date and time set for receipt of proposals is late, and may not be accepted unless the delay is due to an error of the contracting agency. Notes 2 AAC 12…

(a) The procurement officer, or a procurement evaluation committee consisting of at least three state employees or public officials, shall evaluate proposals. The procurement officer may be one of the members on a procurement evaluation committee. (b) The evaluation must be based…

If a state agency uses competitive sealed proposals to procure heavy trucks and heavy equipment, the state agency may use other evaluation factors in addition to the evaluations factors set out in 2 AAC 12.260(c) - (f), including (1) the price; (2) the quality of the article offe…

If after evaluation under 2 AAC 12.260 and discussion under 2 AAC 12.290 only one responsive and responsible proposal is available for award, the procurement officer may make an award in accordance with AS 36.30.250, may reject the proposal, or may reject the proposal and resolic…

In order to determine if a proposal is reasonably susceptible for award, communications by the procurement officer or the procurement evaluation committee are permitted with an offeror for clarification of uncertainties or elimination of confusion concerning the contents of a pro…

(a) Offerors of proposals reasonably susceptible for award as determined in the evaluation conducted under 2 AAC 12.260 may be offered the opportunity to discuss their proposals with the procurement officer or evaluation committee at the discretion of the procurement officer. The…

If, after receipt of proposals, there is a need for any substantial clarification of or material change in the request for proposals, the request must be amended to incorporate the clarification or change, and a date and time established by the procurement officer for receipt of …

When a contractor has been selected by competitive sealed proposal, the procurement officer shall enter into the procurement file a written record of the basis on which the selection was found to be most advantageous to the state. Notes 2 AAC 12.300 Eff. 1/1/88, Register 104 Auth…

Notice of intent to award shall be issued in accordance with 2 AAC 12.210. Notes 2 AAC 12.310 Eff. 1/1/88, Register 104 Authority:AS 36.30.040 AS 36.30.365

After final evaluation of proposals, including an adjustment of an evaluation of a proposal as authorized under 2 AAC 12.290(d) and 2 AAC 12.295, the procurement officer may negotiate with the offeror of the highest ranked proposal for the purpose of obtaining contract terms cons…

(a) Except as provided otherwise in this section, architect, engineer, or land surveyor services must be procured under 2 AAC 12.220 - 2 AAC 12.310, 2 AAC 12.320 - 2 AAC 12.390, and 2 AAC 12.400. In the case of inconsistency, the provisions of 2 AAC 12.320 - 2 AAC 12.390 control.…

Before announcing the need for architect, engineer, or land surveying services, the head of the purchasing agency must determine (1) that the services to be acquired are services subject to AS 36.30.270; (2) that a reasonable inquiry has been conducted and it has been determined …

(a) Notice of the need for architect, engineer, or land surveying services shall be given as described in 2 AAC 12.130. (b) A solicitation must be prepared which describes the state's requirements, sets out the evaluation criteria, and includes notice of any conference to be held…

(a)If a contract for architect, engineer, or land surveying services is expected to exceed the dollar threshold for construction set out in 2 AAC 12.400(d), the chief procurement officer, commissioner of transportation and public facilities, or commissioner of natural resources, …

(a) The selection committee shall evaluate(1) statements submitted in response to the solicitation for architect, engineer, or land surveying services, including proposals for joint ventures; and (2) supplemental statements of qualifications and performance data, if submission of…

The selection committee may hold discussions regarding the proposed contract with the firms or persons selected. The purpose of such discussions is to explore the scope and nature of the required services and the relative utility of alternative methods of approach. The conditions…

After discussions, if held under 2 AAC 12.370, the selection committee shall reevaluate and select, in order of preference, no fewer than three firms or persons that the committee considers to be the most highly qualified and suitable to provide the required services. The selecti…

(a)The procurement officer shall negotiate with the most qualified and suitable offerors in the order in which they are ranked. Contract negotiations shall be directed toward (1)making certain that the offeror has a clear understanding of the scope of the work and the requirement…

(a) Repealed 2/28/2014 (b) A purchasing agency shall use reasonable and adequate procedures and make records that facilitate auditing of the purchasing agency when procuring (1) supplies, services, professional services, or construction estimated to cost not more than $25,000; (2…

(a) A request by a purchasing agency that a procurement be restricted to one potential contractor shall be accompanied by a written explanation that meets the requirements of 2 AAC 12.415 as to why it is not practicable to award a contract by competitive sealed bidding, competiti…

A determination by a state procurement official that a specific course of action is or is not "in the state's best interest" under AS 36.30.300 means a determination that is reasonable under the circumstances and is neither arbitrary, capricious, or prompted by corruption. A requ…

A record of every single source procurement shall be made and forwarded to the chief procurement officer, and must include (1) the supplier's or contractor's name; (2) the amount and type of each contract; (3) a listing of the supplies, services, or construction procured under ea…

(a) A request by a purchasing agency to limit that a procurement to two or more potential contractors must be accompanied by a written explanation as to why the solicitation should be limited, and why the competitive sealed bidding, competitive sealed proposals, or small procurem…

(a) For the purposes of AS 36.30.310, emergency conditions include (1) fire, flood, epidemic, riot, environmental accident, or a similarly compelling reason; (2) equipment failure, if the need for timely repair is essential; (3) a situation in which procurement through competitiv…

(a) When emergency procurement is authorized by AS 36.30.310 and 2 AAC 12.440, and emergency procurement is limited to the supplies, services, professional services, or construction necessary to meet the emergency, and shall be made with competition that is practicable under the …

The procurement officer or the agency official responsible for procurement shall make and promptly forward to the chief procurement officer a record of each emergency procurement. The record must set out (1) the contractor's name; (2) the amount and type of the contract; (3) a li…