Alaska Administrative Code

(a) Before an award of a non-competitive contract or a change order or contract modification, the contractor or prospective contractor shall submit cost and pricing data. The contractor or prospective contractor shall certify that, to the best of the contractor's or prospective c…

(a) Except for protests of small procurements made under 3 AAC 100.580, the provisions of AS 36.30.560-36.30.615 apply to the protest or appeal of a protest on a solicitation, a proposed contract award, or the award of a contract for supplies, services, professional services, or …

(a) An interested party shall attempt to informally resolve any protest with the procurement officer regarding a procurement with a total award value of $100,000 or less. However, if the procurement is for construction, the total award value for purposes of this subsection is $20…

(a) The provisions of AS 36.30.620-36.30.631 apply to any contract claim concerning a contract awarded by the authority under this chapter for supplies, services, professional services, or construction. (b) Hearings on contract claims will be conducted in accordance with AS 36.30…

(a) A person who makes or uses a misrepresentation in support of a contract claim under this chapter, or who practices or attempts to practice a fraud, at any stage of proceedings relating to a procurement or contract claim under this chapter (1) forfeits all claims relating to t…

(a) The provisions of AS 36.30.635-36.30.665 and 2 AAC 12.630 - 2 AAC 12.670 apply to any debarment action undertaken by the authority against a contractor to prohibit a contractor from participating in any solicitation or award under this chapter. (b) Hearings on a debarment act…

Notwithstanding AS 44.77 or other law to the contrary, the protest, appeal, and claim procedures of 3 AAC 100.570 - 3 AAC 100.590 provide the exclusive procedures for asserting a claim against the authority arising in relation to a procurement under this chapter. Notes 3 AAC 100.…

(a) The chief procurement officer shall establish and maintain inventory records for non-consumable supplies owned and managed by the authority. The records must include (1) non-consumable supplies with a unit acquisition cost of more than $5,000; (2) supplies determined by the c…

(a) If delegated the authority to do so, the chief procurement officer may act on behalf of the authority in all matters pertaining to the disposition of surplus supplies. (b) The chief procurement officer may offer surplus supplies through spot bids, competitive sealed bids, pub…

Unless displaced by the particular provisions of this chapter, the principles of law and equity, including AS 45.01 - AS 45.08, AS 45.12, AS 45.14, and AS 45.29 (Uniform Commercial Code), the law merchant, and law relative to capacity to contract, agency, fraud, misrepresentation…

All parties involved in the negotiation, performance, or administration of contracts of the authority shall act in good faith. Notes 3 AAC 100.660 Eff. 9/25/2013, Register 207, October 2013 Authority:AS 36.30.015 AS 44.88.080 State regulations are updated quarterly; we currently …

To protect the confidentiality of trade secret and confidential technical data, the chief procurement officer may establish procedures that are consistent with AS 44.88.215 and the confidentiality provisions of the authority's Procedures for Inspection of Records, revised as of J…

Except as otherwise provided in AS 44.88.215(c), procurement records are public records in accordance with AS 40.25.110. Notes 3 AAC 100.680 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 t…

Procurement records shall be retained and disposed of in accordance with records retention guidelines and schedules approved by the state archivist. Notes 3 AAC 100.690 Eff. 9/25/2013, Register 207, October 2013 Authority:AS 36.30.015 AS 44.88.080 State regulations are updated qu…

The executive director shall keep a contract file open for public inspection for each contract awarded under competitive sealed bids and competitive sealed proposals. The file may be maintained in a reproducible electronic format and must contain (1) a copy of the solicitation do…

The executive director shall keep a contract file open for public inspection for each limited competition procurement, innovative procurement, or non-competitive procurement under 3 AAC 100.490(a) (3), (4), and (5). The file may be maintained in a reproducible electronic format a…

In this chapter, unless the context requires otherwise, (1) "authority" means the Alaska Industrial Development and Export Authority; (2) "Alaska business license" means a license required under AS 43.70 (Alaska Business License Act); (3) "Alaska Online Public Notice System" mean…

This chapter applies to applications for financing under, and the authority's administration of, the sustainable energy transmission and supply development ("SETS") program and fund established by AS 44.88.650 and 44.88.660. Notes 3 AAC 101.010 Eff. 4/25/2013, Register 207 Even t…

The authority may make a loan or issue a bond, or guarantee a loan or bond, under the SETS program to finance (1) the construction of a new qualified energy development; (2) the acquisition of an existing qualified energy development where the acquisition is part of a plan to imp…

The authority will not provide financing for a qualified energy development in excess of the capital costs limitation of AS 44.88.690(a)(1), or the dollar amount limitation of AS 44.88.690(a)(2), unless the legislature has approved exceeding the limitation. The authority will not…

An applicant may be an individual, municipal government, or tribe, or a business or other entity that is organized in any manner. To the extent required under state law, an applicant seeking financing under the SETS program and fund must be authorized to do business in the state …

The application process for seeking financing under the SETS program and fund is a two-step procedure using first the submission of a preliminary application form. If the authority determines, based on the preliminary application, that the qualified energy development may be suit…

(a) An applicant seeking financing under the SETS program and fund may apply by completing a preliminary application. The preliminary application must be on a form supplied by the authority describing the nature of the qualified energy development, its location, its size, and its…

A full application for financing under the SETS program and fund must be submitted to the authority on the form the authority has approved. The authority may require the applicant to include with the completed full application form any or all of the following: (1) a letter of tra…

(a) The principal amount of a loan or guarantee may not exceed 75 percent of the appraised value of the collateral for the loan or guarantee. (b) Any financing the authority provides must be secured by a mortgage that is a first lien on the real property in fee simple or on a lea…

(a) Once the authority determines that the requested financing is proper under the SETS program and fund and that a complete application has been submitted for review, the authority will notify the applicant in writing that the application is deemed complete. (b) After payment of…

(a) An application the loan committee approves will be put on the agenda for consideration at the next available board meeting. An application the loan committee rejects will not be put on the agenda for the board's consideration unless the applicant requests board consideration.…

The authority may approve or reject a full application for financing under the SETS program and fund by evaluating the following: (1) whether the application requirements of this chapter have been met; (2) the applicant's credit standing; (3) the economic and financial viability …

(a) The initial rate of interest on a loan the authority makes under the SETS program and fund will be set at the time the authority issues a loan commitment letter. The initial rate of interest will not be less than a rate equal to the sum of the "true interest cost rate" and th…

(a) For any financing under the SETS program and fund that is in the form of a guarantee, the applicant must pay the authority a guarantee fee in the amount the authority in its discretion determines to be appropriate. The authority will inform the applicant of the guarantee fee …

(a) Upon the issuance of written notification by the authority to the applicant that the application is complete, a nonrefundable application fee in the amount described in (b) of this section is due. No application will be given further consideration without payment of this fee.…

An applicant for any financing that submitted a final application which is not approved by the authority may appeal to the board by filing a written notice of appeal with the executive director not later than 20 working days after being notified in writing of the rejection. The b…

(a) Upon written certification by both the authority and the applicant that all provisions of the commitment letter have been complied with, the financing will be scheduled for closing and, if a loan transaction, disbursement of proceeds. If the financing is a guarantee, then the…

The authority may require in the financing agreement or other closing documents signed by the applicant that the applicant periodically provide financial, operational, or other information to the authority over the term of the financing. The authority, or its designated agent, ma…

(a) The authority may finance a qualified energy development through the SETS fund by entering into a lease-purchase, sale-leaseback, build-operate-transfer, operate-transfer, or similar financing arrangement with an applicant. However, the authority will not make any financing a…

(a) A municipality that, pursuant to AS 44.88.680(a)(8), seeks to have the authority pay off the principal of and interest on bonds the municipality has issued for a public utility must submit a preliminary application under 3 AAC 101.060 and a full application under 3 AAC 101.07…

In this chapter (1) "appraised value" means any valuation methodology acceptable to the authority, including comparable sale valuation, replacement cost valuation and produced by any third party evaluators deemed appropriate by the authority; (2) "authority" means the Alaska Indu…

This chapter applies to guarantees and loans made by the authority under the new markets tax credit assistance guarantee and loan program authorized by AS 44.88.700-44.88.799. Notes 3 AAC 102.010 Eff. 3/29/2013, Register 207 Even though 3 AAC 102.010 was adopted and effective 3/2…

(a) The authority may guarantee a loan being made by a third party or make a direct loan in connection with an NMTC financing of a project, business, or nonprofit activity located in the state. (b) The borrower must have the ability, as determined by the authority, to successfull…

(a) Applicants for NMTC leverage loan products must first apply to the authority for a loan guarantee that is intended to induce a private lender to make a leveraged loan into the NMTC transaction, In the event that the applicant cannot obtain a loan on commercially reasonable te…

(a) The application and accompanying materials will be processed and evaluated by a loan officer. The loan officer will evaluate the applicant's eligibility, financial and credit history, operating plan, ability to repay, and proposed collateral. (b) On the basis of the informati…

(a) A loan committee consists of one or more persons the authority's executive director appoints to act on a request for an NMTC leverage loan product. (b) A loan committee shall consider the recommendations of the loan officer assigned to process the application and any other re…

(a) The authority will determine, in its sole discretion, whether to approve an application for NMTC leverage loan product by evaluating the following, among other considerations: (1) existing and prior debts; (2) credit reports obtained from creditors and private credit reportin…

(a) A non-refundable $1,250 application fee is due from the applicant at the time that an application is filed with the authority. This fee will be credited toward the guarantee fee if a guarantee is issued or toward the origination fee if a loan is made. (b) All expenses the aut…

(a) In addition to the requirements of 3 AAC 102.020, the following conditions must be met in order for the authority to issue a guarantee: (1) the loan must meet the requirements of AS 44.88.730(a)(1); (2) the borrower must demonstrate the ability to repay the loan as required i…

(a) The authority will not guarantee a loan under this chapter that is made before issuance of a guarantee authorization under this section. The authority will not guarantee a loan under this chapter without making the determination required under AS 44.88.700(c). (b) If the auth…

(a) The authority may make a loan under this chapter only if the authority determines that the applicant was unable to use the authority's guarantee to obtain a loan from a financial institution under commercially reasonable terms. Before making the determination to extend a loan…