2 AAC 12 — Procurement (Article 1 to 18)

(a) Except for contract amendments in a contract with a clause that authorizes adjustment under 2 AAC 12.475(a), all amendments to contracts shall be made in accordance with this section. (b) The procurement officer may amend a contract for construction, as "construction" is defi…

(a) Factors that may be considered in determining whether a prospective contractor is responsible include whether the prospective contractor (1) has a satisfactory record of performance; (2) is qualified legally to contract with the state; and (3) has supplied all necessary infor…

(a) If an inspection is made in the plant or place of business of a contractor or subcontractor, the contractor or subcontractor shall provide without charge all reasonable facilities and assistance for the safety and convenience of the person performing the inspection or testing…

(a) The state will, in its discretion, inspect supplies and services at the contractor or subcontractor's facility, and perform tests to determine whether they conform to solicitation requirements, or, after award, to contract requirements, and are therefore acceptable. Inspectio…

Books and records that relate to a state contract or subcontract shall be retained in such a manner that all actual costs related to the contract or subcontract can be easily determined. Notes 2 AAC 12.530 Eff. 1/1/88, Register 104 Authority:AS 36.30.040 AS 36.30.420

The chief procurement officer and the commissioner of transportation and public facilities may establish procedures for price analysis in the bid evaluation process. Notes 2 AAC 12.540 Eff. 1/1/88, Register 104 Authority:AS 36.30.040

A procurement officer may not waive the requirements of AS 36.30.400(a) concerning submission of cost and pricing data. Notes 2 AAC 12.550 Eff. 1/1/88, Register 104 Authority:AS 36.30.040 AS 36.30.400

(a) The commissioner of administration, the commissioner of transportation and public facilities, or the chief procurement officer may establish guidelines for cost principles that may be used to determine allowability of incurred costs for the purpose of reimbursement under cont…

In dealing with contractors operating according to federal cost principles, such as Defense Acquisition Regulations, Section 15, or Federal Procurement Regulations, Part 1-15, the procurement officer may use the federal cost principles as guidance in contract negotiations. Notes …

(a) A request to use an innovative procurement procedure shall be submitted in writing by a purchasing agency to the chief procurement officer or, for construction contracts or procurements of the state equipment fleet, to the commissioner of transportation and public facilities.…

(a) An agency that, under 2 AAC 12.575, requests use of innovative procurement shall maintain its innovative procurement files open for inspection as required under AS 36.30.140(b) and AS 36.30.230. The innovative procurement files must contain:(1) a copy of the contract; (2) the…

The chief procurement officer, the commissioner of transportation and public facilities, and the head of a purchasing agency may establish procedures to determine appropriate stock levels and the management of agency supplies. Notes 2 AAC 12.580 Eff. 1/1/88, Register 104 Authorit…

(a) State agencies shall submit inventory records as directed by the chief procurement officer. Inventory records must include the following: (1) all nonconsumable supplies with a unit acquisition cost of more than $5,000; (2) supplies determined by the chief procurement officer …

(a) The chief procurement officer may act on behalf of the state in all matters pertaining to the disposition of surplus supplies. A purchasing agency may not transfer or otherwise dispose of supplies owned by the state without separate statutory authorization or authorization of…

The Department of Administration will, in its discretion, acquire and distribute from the United States Government surplus property that may be usable and necessary for public purposes by a state agency or a political subdivision of the state. The chief procurement officer may (1…

(a) Repealed 11/28/97. (b) An interested party may protest the cancellation of an invitation to bid or request for proposals by filing with the procurement officer a written protest that includes the information required by AS 36.30.560 no more than 10 days after a notice of canc…

(a) If a determination to suspend a contractor or prospective contractor is made under AS 36.30.635, the written decision shall be sent to the person to be suspended. The decision must state that (1) the suspension is for the period it takes to complete an investigation into poss…

The commissioner of administration may consider as a serious and compelling cause under AS 36.30.640(7) a wilful or aggravated violation of state or federal labor or safety laws as set out by the Department of Labor and Workforce Development under 8 AAC 100.010 and 8 AAC 100.030 …

(a) Written notice of a proposed debarment action shall be sent by certified mail, return receipt requested, to the last known address of the contractor or prospective contractor. This notice must(1) state that debarment is being considered; (2) set out the reasons for the action…

A debarment decision takes effect upon issuance of the written decision. After the debarment decision takes effect, the contractor remains debarred until a court or the commissioner of the department that issued the decision orders otherwise, or until the debarment period specifi…

A person entitled to a hearing under AS 36.30 must request in writing that a hearing be held. The request must be received by the commissioner of administration or the commissioner of transportation and public facilities, as appropriate, within the applicable time period set out …

The hearing officer shall send a written notice of the time and place of a hearing to the last known addresses of the person requesting the hearing and other affected persons. A copy shall be sent to the purchasing agency. Notes 2 AAC 12.660 Eff. 1/1/88, Register 104 Authority:AS…

(a) A hearing shall be as informal as is reasonable and appropriate under the circumstances. The weight to be attached to evidence presented is within the discretion of the hearing officer. Stipulations of fact agreed upon by the parties may be regarded and used as evidence at th…

The chief procurement officer, in consultation with the attorney general, shall develop procedures, including forms, for reporting suspected anticompetitive practices. A procurement officer who suspects that an anticompetitive practice has occurred or may be occurring shall follo…

In accordance with AS 36.30.687, upon a finding that the recipient of a state contract made misrepresentation or fraudulent claims at any stage of proceedings relating to a procurement or contract controversy the procurement officer or the head of a purchasing agency may, after c…

(a) An interested party shall attempt to informally resolve a dispute with the procurement officer regarding a small procurement. If the attempt is unsuccessful, the interested party may protest the solicitation or the award of a small procurement contract under AS 36.30.320. The…

(a) A request made to a public procurement unit by another public procurement unit to provide or make available personnel, services, information, or technical services under AS 36.30.730 must be complied with only to the extent that is mutually agreed upon. (b) A request made to …

In AS 36.30.790(5), "agency" means the same as in AS 36.30.990. Notes 2 AAC 12.710 Eff. 1/1/88, Register 104 Authority:AS 44.17.030 Ak. Const., Art. III, sec. 1 Ak. Const., Art. III, sec. 16 Ak. Const., Art. III, sec. 24

This chapter applies to every transaction to which AS 36.30 applies. Notes 2 AAC 12.720 Eff. 1/1/88, Register 104 Authority:AS 36.30.040 AS 36.30.850

(a) Procurement may not be made from a person that has headquarters in a country listed in Tier 3 of the most recent Trafficking in Persons Report published by the United States Secretary of State under 22 U.S.C. 7107(b)(1)(C). (b) The commissioner may restrict procurement from a…

If a procurement involves the expenditure of federal money or requires federal assistance and there is a conflict between a provision of this chapter and a federal statute, regulation, policy, or requirement, the procurement officer shall comply with the federal statute, regulati…

When making or planning a purchase through the General Services Administration or from federal supply schedules of the General Services Administration as authorized by AS 36.30.910, a procurement officer (1) shall review the scheduled price lists that are reasonably available whe…

(a) Except as otherwise provided by AS 36.30 or this chapter, the chief procurement officer, commissioner of administration, commissioner of transportation and public facilities, or the commissioner of commerce, community, and economic development will, in their discretion, deleg…

(a) If the chief procurement officer believes that a purchase request is not in the best interests of the state or that further review is needed, the officer shall return the purchase request to the requesting agency. (b) The chief procurement officer may decide when a procuremen…

The commissioner of transportation and public facilities is authorized to determine whether a supply item or group of supply items will be included as a part of, or procured separately from, a contract for construction. Notes 2 AAC 12.760 Eff. 1/1/88, Register 104 Authority:AS 36…

The chief procurement officer and the commissioner of transportation and public facilities may establish procedures to protect the confidentiality of trade secret and confidential technical data. Notes 2 AAC 12.770 Eff. 1/1/88, Register 104 Authority:AS 36.30.040 AS 36.30.140 AS …

(a) The chief procurement officer may determine the contractual provisions, terms, and conditions of solicitations and contracts, if the provisions, terms, and conditions are not contrary to statutory or regulatory requirements governing the procurement and if all standard contra…

Contractual terms and conditions may not have the effect of unnecessarily limiting competition or exclusively requiring a proprietary supply, service, or construction item or procurement from a single source unless no other requirements will suffice. Notes 2 AAC 12.790 Eff. 1/1/8…

Solicitations must provide that by submitting a bid or offer, the bidder or offeror certifies under penalty of perjury that the price submitted was independently arrived at without collusion. Notes 2 AAC 12.800 Eff. 1/1/88, Register 104 Authority:AS 36.30.040

Bid, payment, and performance bonds or other security shall be required for all construction contracts over $100,000, and may be required for contracts as the chief procurement officer, the head of a purchasing agency, or the officer's designee deems advisable to protect the inte…

Supply contracts may provide for installment purchase payments, including interest charges, over a period of time. If the procurement is made by competitive sealed bid or competitive sealed proposal, an installment payment agreement may not be used unless provision for installmen…

Alternate bids or proposals are nonresponsive unless the solicitation states that such bids or proposals may be accepted. Notes 2 AAC 12.830 Eff. 1/1/88, Register 104; am 3/27/93, Register 125 Authority:AS 36.30.040 AS 36.30.110 AS 36.30.210

(a) A bid or proposal that is conditioned upon receiving award of both the particular contract being solicited and another state contract is nonresponsive unless conditioned bids are specifically authorized in the invitation to bid. (b) A bid that is conditioned by the bidder and…

(a) Before the opening of bids or proposals, a solicitation may be amended, or time for opening may be extended, upon the procurement officer's determination that the extension or amendment is in the state's best interest. All potential bidders or offerors known to have copies of…

After the opening of bids or proposals or after notice of intent to award but before award, all bids or proposals may be rejected in whole or in part by the chief procurement officer or the head of a purchasing agency issuing the solicitation. Reasons for rejection include the fo…

Reasons for rejecting an individual bid or proposal include the following: (1) the business that submitted the bid or proposal is not responsible as determined under standards set out in 2 AAC 12.500; (2) the bid or proposal is nonresponsive; (3) the bidder or offeror did not mee…

(a) Unless provided for otherwise in the solicitation, to qualify as a bidder or offeror for award of a contract issued under AS 36.30, a bidder or offeror must (1) add value in the contract by actually performing, controlling, managing, or supervising the services to be provided…