2 AAC 12 — Procurement (Article 1 to 18)

After opening bids or proposals, a procurement officer may request bidders or offerors to extend the time during which the state may accept a bid or proposal. Notes 2 AAC 12.910 Eff. 1/1/88, Register 104 Authority:AS 36.30.040

A multiple award may be made if award to two or more bidders or offerors of similar products is necessary for adequate delivery, service, or product compatibility. A multiple award shall be made in accordance with the provisions relating to competitive sealed bidding, competitive…

The provisions of 2 AAC 12.931 - 2 AAC 12.949 set out requirements for the procurement and administration under AS 36.30.200(c) of design-build construction contracts. Notes 2 AAC 12.931 Eff. 8/21/2005, Register 175 Authority:AS 36.30.040 AS 36.30.200

(a) The procurement officer may conduct a design-build procurement process only if the commissioner of transportation and public facilities determines in writing that it is advantageous to the state. (b) When a design-build procurement process is used, the request for proposals m…

(a) A design-builder must have a valid business license issued under AS 43.70 and 12 AAC 12, and must be (1) registered as a general contractor in accordance with AS 08.18 and 12 AAC 21; or (2) licensed as an architect or engineer in accordance with AS 08.48 and 12 AAC 36. (b) A …

The agency shall establish the scope and level of detail required for performance criteria contained in a request for proposals. The performance criteria must be detailed enough to permit offerors to submit proposals in accordance with the request for proposals. Notes 2 AAC 12.93…

(a) The agency shall prepare a request for proposals for each design-build construction contract. The request for proposals must contain, at a minimum, the following elements:(1) the name and purpose of the project; (2) the identity of the agency that will award the design-build …

(a) An offeror must submit its proposal to the agency at the specific place and at or before the specific time identified in the request for proposals. (b) An offeror must complete any form required in the request for proposals and provided by the agency. The offeror must include…

(a) The agency shall use one or a combination of the following methods as a basis for award unless the commissioner of transportation and public facilities approves another method:(1) the best value method, in which the agency gives numerical scores to technical proposals, and th…

Protests and claims arising from the procurement process under 2 AAC 12.931 - 2 AAC 12.949 shall be reviewed in accordance with AS 36.30.550-36.30.699, as applicable. Notes 2 AAC 12.945 Eff. 8/21/2005, Register 175 Authority:AS 36.30.040 AS 36.30.200

In 2 AAC 12.931 - 2 AAC 12.949, unless the context requires otherwise, (1) "agency" means (A) the Department of Transportation and Public Facilities; or (B) an agency within the meaning of AS 36.30.990 to which the commissioner of transportation and public facilities has delegate…

(a) This chapter applies to, and its provisions are incorporated in, all construction contracts entered by the Department of Transportation and Public Facilities. (b) A person entering a construction contract with the Department of Transportation and Public Facilities and who req…

(a) To initiate arbitration under AS 36.30.627(a)(1), a contractor must file a written arbitration request with the commissioner. The arbitration request must be filed together with the appeal from the procurement officer's decision required by AS 36.30.625. (b) The arbitration r…

(a) The procurement officer shall file a written answering statement with the commissioner within 30 days after service of the arbitration request and appeal. The answering statement must raise any counterclaim asserted by the agency. The answering statement must state the amount…

(a) If the total amount of the claim and any counterclaim is less than $250,000, or if the total amount of the claim and any counterclaim is $250,000 or more and the agency agrees to arbitration, the commissioner shall refer the appeal to a single neutral arbitrator. (b) If the t…

(a) The commissioner shall maintain a list of neutral arbitrators who have agreed to conduct arbitrations of construction claims under AS 36.20.627 and 2 AAC 12.950 - 2 AAC 12.989. (b) An arbitrator for a claim and any counterclaim that total less than $250,000 must be an (1) att…

(a) The commissioner shall serve a copy of the current list of arbitrators to the parties following the filing of the answering statement. (b) The parties shall promptly confer and, within 15 days after the date the list was served, shall notify the commissioner as to whether the…

(a) An arbitrator shall decline appointment if any circumstance prevents the arbitrator from being impartial or independent, including any bias, any personal or financial interest in the outcome of the arbitration, or any past or present business or personal relationships with th…

(a) If an arbitrator is unable to perform the duties of the office for any reason, including recusal, the commissioner shall appoint a substitute arbitrator in accordance with 2 AAC 12.958 - 2 AAC 12.960, and shall reassign the appeal to that arbitrator. (b) If a vacancy occurs i…

(a) A party or a person acting on behalf of a party may not communicate unilaterally with the arbitrator concerning the dispute, except with the other party's authorization and for the limited purpose of scheduling a time, place or date for a proceeding. (b) The arbitrator may no…

(a) Correspondence, documents, and electronic mail filed with or delivered to the arbitrator or the commissioner by the parties relating to the appeal, recordings and transcripts of arbitrations, and decisions and orders of the arbitrator or panel are public records. (b) The arbi…

(a) The arbitrator may schedule one or more preliminary conferences at the arbitrator's own initiative or at the request of a party. A panel shall designate one of its members to conduct preliminary conferences. Preliminary conferences may be conducted by telephone. (b) At a prel…

(a) At the request of any party or at the arbitrator's own initiative, the arbitrator may direct the production of documents, the identification of witnesses to be called including the anticipated topics of testimony, and any other discovery that the arbitrator considers necessar…

(a) The parties or their representatives shall attend the arbitration and all related proceedings. A party may be represented by an attorney. (b) If a party or its representative fails to appear at a proceeding, and the arbitrator proceeds in the party's absence as provided in AS…

(a) The parties shall exchange copies of all exhibits they intend to introduce at least five business days before the arbitration, and shall provide each arbitrator with a complete copy of the proposed exhibits. (b) The parties shall each make a brief opening argument at the star…

(a) The arbitrator or panel shall be in charge of the arbitration and all related proceedings, and shall have the full authority of a hearing officer as described in AS 36.30.670(b). (b) The arbitrator or panel shall conduct the arbitration fairly, impartially, and informally, wi…

(a) The formal rules of evidence do not apply to arbitrations under AS 36.30.627 and 2 AAC 12.950 - 2 AAC 12.989, with the exception of legal privileges recognized by the law of this state, including the attorney-client privilege and the spousal privilege. (b) The arbitrator shal…

The party presenting the claim or counterclaim has the burden of proving the claim or counterclaim by a preponderance of the evidence. Notes 2 AAC 12.982 Eff. 5/26/2004, Register 170 Authority:AS 36.30.040 AS 36.30.870

(a) The arbitration shall be tape-recorded. A party requesting copies of the tapes shall pay the costs of duplication and make any necessary arrangements to duplicate the tapes. (b) A party desiring a transcript shall make arrangements directly with a court reporter. The requesti…

(a) The arbitrator's decision must be written. The original shall be filed with the commissioner and served on the parties within the time limits set out in AS 36.30.695(b). (b) In the decision, the arbitrator shall state the relief granted and shall provide sufficient detail to …

(a) The prevailing party may file a motion for attorney's fees and costs with the arbitrator in accordance with Alaska Rules of Civil Procedure 68, 79, and 82. For purposes of Alaska Rule of Civil Procedure 68(b), the arbitrator shall consider one of the following dates to be the…

In the event of conflict between a provisions of AS 09.43.010-09.43.180 (Uniform Arbitration Act) and a provision of AS 36.30, the provision of AS 36.30 shall be given precedence in arbitrations conducted under 2 AAC 12.950 - 2 AAC 12.989. Notes 2 AAC 12.988 Eff. 5/26/2004, Regis…

In 2 AAC 12.950 - 2 AAC 12.989, unless the context requires otherwise, (1) "business day" means a day other than Saturday, Sunday, or a state holiday; (2) "commissioner" means the commissioner of transportation and public facilities. Notes 2 AAC 12.989 Eff. 5/26/2004, Register 17…

(a) In this chapter (1) "business license" means a license required under the Alaska Business License Act (AS 43.70) and, for a person engaging in a business subject to licensing provisions of a regulatory nature, a license, certificate, permit, registration, or similar evidence …