Alaska Administrative Code

(a) The board is vested with and may exercise all of the rights, powers, and duties that relate to the procurement of construction, supplies, services, and professional services for the authority, and the control over construction, supplies, services, and professional services fo…

(a) An employee of the authority who contracts for or purchases supplies, services, professional services, or construction in a manner the employee knows to be contrary to the requirements of this chapter is subject to disciplinary action, including suspension or termination of e…

(a) This chapter applies only to contracts solicited or entered into after September 25, 2013 unless the parties agree to apply this chapter to a contract solicited or entered into before that date. (b) This chapter applies to the expenditure of the authority's funds under a cont…

Source selection and contract awards may not be based on discrimination because of race, religion, color, national origin, sex, age, marital status, pregnancy, parenthood, disability, or political affiliation. Notes 3 AAC 100.060 Eff. 9/25/2013, Register 207, October 2013 Authori…

(a) A procurement officer may issue a competitive solicitation that prohibits an individual or contractor from submitting a bid or proposal if (1) the procurement officer makes a determination that the contractor or individual assisted in drafting the invitation to bid or request…

For the purpose of providing notice for competitive bids and proposals, the chief procurement officer may establish and maintain contact information for contractors who have expressed an interest in doing business with the authority. Notes 3 AAC 100.080 Eff. 9/25/2013, Register 2…

(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 authority's needs. (b) The chief procurement officer shall monitor the content and use of specifications for supplies, ser…

(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. (b) The chief procurement…

(a) One or more of the following project delivery methods may be used for procurements related to design, construction, routine repair, maintenance, management, or operations for projects or facilities of the authority: (1) design-bid-build; (2) construction management; (3) const…

(a) The authority may issue a solicitation with the intent to make multiple awards if award to two or more bidders or offerors of similar products or services is necessary for adequate delivery, service, or product compatibility. A multiple award shall be made in accordance with …

(a) Bid bonds or bid security in the amount of at least five percent of the bid price (1) must be submitted with all invitations to bid for construction projects estimated to cost over $100,000; and (2) if needed for the protection of the authority as determined by the procuremen…

Unless otherwise prohibited by law or by requirements of the entity funding the transaction, the authority will incorporate the preference required under AS 36.30.015(f) in a competitive sealed bid or competitive sealed proposal in which price is an evaluation factor. Notes 3 AAC…

(a) The procurement officer shall provide public notice of a competitive sealed bid or a competitive sealed proposal at least 21 days before the date for the opening of bids or proposals. (b) If the procurement officer determines in writing that a shorter notice period is advanta…

When it is considered impractical to initially prepare a definitive purchase description to support an award based on price or other definitive criteria, the procurement officer may issue an invitation to bid, request for information, or request for proposals seeking the submissi…

(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 authority's best interest. Notice shall be provided so that potential bidders or…

Before the deadline for receipt of bids or proposals, after the opening of bids or proposals, or after notice of intent to award but before award, the chief procurement officer may cancel the solicitation or reject all bids or proposals. Reasons for cancellation or rejection incl…

(a) If at any time during the solicitation process a request for proposals or invitation to bid is canceled, the procurement officer shall return the bids or proposals if the time for filing a protest has expired and a protest has not been filed. (b) The procurement officer shall…

Not more than 10 days after a notice of cancellation is issued by the procurement officer, 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 requ…

The authority will use competitive sealed bidding when the requirements of the authority are definite and can be sufficiently described by industry standards or practices so that price can be the primary basis for award, if the bid is determined to be responsive to the authority'…

(a) When competitive sealed bidding is used, the procurement officer shall issue an invitation to bid. It must include a time, place, and date by which the bid must be received, a purchase description, a description of all contractual terms and conditions applicable to the procur…

(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 by the procurement officer until after the closing date of the invitation to bid. Upon receipt, the bid and any bid corrections shall be s…

(a) The procurement officer shall open all bids and corrections received before the date and time designated in the invitation to bid. (b) All bid openings are open to the public at the place, date, and time designated in the invitation to bid. (c) The name of each bidder, the bi…

(a) After bid opening, changes in bid prices or other provisions of bids prejudicial to the interest of the authority or fair competition are not permitted except as provided under (d) of this section. (b) If, before award, a procurement officer knows of an error in a bid, the of…

(a) The procurement officer shall evaluate bids based on the requirements set out in the invitation to bid, which may include criteria to determine acceptability such as inspection, testing, quality, delivery, and suitability for a particular purpose. An evaluation of product acc…

(a) Before contract award the procurement officer shall consider whether the apparent low bidder is responsible. Factors that may be considered in determining whether the apparent low bidder is responsible include whether the bidder (1) has a satisfactory record of performance; (…

The procurement officer may reject an individual bid for one or more of the following reasons: (1) the bid is nonresponsive; (2) the bidder that submitted the bid is not responsible as determined under standards set out in 3 AAC 100.280; (3) the bidder is excluded from bidding un…

(a) After appropriate application of the bidder preferences required under AS 36.30.015(f) as amended, the procurement officer shall award a contract based on the solicited bids with reasonable promptness by written notice to the lowest responsible and responsive bidder whose bid…

(a) Within five working days after the identification of the apparent low bidder for a construction contract solicited through a competitive sealed bidding, the apparent low bidder shall submit a list of the subcontractors the bidder proposes to use in the performance of the cons…

Following award, a record showing the basis for determining the successful bidder shall be made a part of the procurement file. Notes 3 AAC 100.320 Eff. 9/25/2013, Register 207, October 2013 Authority:AS 36.30.015 AS 44.88.080 State regulations are updated quarterly; we currently…

(a) 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 a bidder's right under 3 AAC 100.570 to protest the award, including the time within which the protest must be received; and (2) the name …

(a) The procurement officer may procure supplies or services by competitive sealed proposals if the procurement officer determines that the use of competitive sealed proposals is more practical or advantageous to the authority than competitive sealed bidding. (b) The following ty…

A request for competitive sealed proposals must contain (1) the date, time, and place for delivering proposals; (2) a specific description of the supplies, construction, services, or professional services to be provided under the contract; (3) the standard contract terms under wh…

(a) A proposal must be submitted with the request for proposal number clearly identified. The rest of the proposal must be in a form that cannot be viewed by the procurement officer until after the closing date of the request for proposals. Upon receipt, the proposal and any prop…

(a) The authority will evaluate proposals based on the evaluation criteria and processes identified in the request for proposals. The authority will not use other factors, criteria, or processes. (b) A procurement evaluation committee consisting of at least three authority employ…

Reasons for rejecting an individual proposal include one or more of the following: (1) the proposal is nonresponsive to the minimum requirements identified in the solicitation; (2) the offeror submitting the proposal is not responsible as determined under standards set out in 3 A…

(a) 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 individual offeror to clarify the contents of an offeror's proposal. (b) Clarification is limited t…

(a) At the discretion of the procurement officer, an offeror whose proposal is reasonably susceptible for award as determined in the initial evaluation conducted under 3 AAC 100.370 may be offered the opportunity to confidentially discuss the proposal with the procurement officer…

(a) After evaluation of proposals under 3 AAC 100.370, including an adjustment of an evaluation of a proposal as authorized under 3 AAC 100.390 and 3 AAC 100.400, the procurement officer may negotiate with the offeror of the highest ranked proposal for the purpose of obtaining co…

The procurement officer shall award a contract under competitive sealed proposals to the responsible and responsive offeror whose proposal is determined in writing to be the most advantageous to the authority, taking into consideration the evaluation factors set out in the reques…

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 authority. Notes 3 AAC 100.430 Eff. 9/25/2013, Register …

Notice of intent to award shall be issued in accordance with 3 AAC 100.330. Notes 3 AAC 100.440 Eff. 9/25/2013, Register 207, October 2013 Authority:AS 36.30.015 AS 44.88.080 State regulations are updated quarterly; we currently have two versions available. Below is a comparison …

The procurement officer responsible for making a determination to conduct a non-competitive procurement, limited competition procurement, or an innovative procurement shall examine the material facts of the procurement and independently determine whether the procurement is eligib…

(a) Procurement requirements may not be artificially divided or fragmented so as to constitute a purchase under this section or to circumvent the source selection procedures required under 3 AAC 100.210 - 3 AAC 100.330 or 3 AAC 100.340 - 3 AAC 100.440. (b) The authority will use …

(a) A contract may be awarded under this section when the chief procurement officer determines in writing that a situation exists that makes competitive sealed bidding or competitive sealed proposals impractical or contrary to the interests of the authority. (b) Situations that m…

(a) An emergency procurement need not be made through competitive sealed bidding or competitive sealed proposals but shall be made with competition that is practicable under the circumstances, and must be limited to the supplies, services, professional services, or construction n…

(a) A procurement officer may contract for supplies, services, professional services, or construction without the use of competitive source selection (1) for any contract issued by another state or federal government agency where the authority is authorized to place orders under …

(a) A contract may be awarded for supplies, services, professional services, or construction using an innovative procurement process, with or without competitive sealed bidding or competitive sealed proposals, when the chief procurement officer determines in writing that it is ad…

Any type of contract that will promote the best interests of the authority may be used, except that the use of a cost-plus-a-percentage-of-cost contract is prohibited. Notes 3 AAC 100.510 Eff. 9/25/2013, Register 207, October 2013 Authority:AS 36.30.015 AS 44.88.080 State regulat…

(a) Each contract awarded as a result of competitive sealed bids or competitive sealed proposals must contain (1) a statement of the amount of the contract; (2) the date for the supplies to be delivered or the expected period of performance of the construction, services, or profe…