Alaska Administrative Code

(a) If a utility eligible under 3 AAC 108.210 suffers an electrical emergency, the authority will, subject to the availability of appropriations, assist the utility in responding to the emergency and recovering the ability to generate and transmit power to the utility's customers…

As a condition to providing assistance under 3 AAC 108.200 - 3 AAC 108.240, the authority will require the recipient to: (1) execute an agreement prepared by the authority that describes the terms and conditions of the assistance; (2) execute a waiver of any sovereign immunity; a…

(a) Subject to the availability of appropriations, the authority may provide financial and technical assistance to utilities, municipalities, schools districts, unincorporated villages, community associations, Native corporations, councils organized under 25 U.S.C. 476, tradition…

The authority will prepare, publish on its Internet web site, and periodically update a biennial plan for providing alternative energy and energy efficiency assistance under 3 AAC 108.300 - 3 AAC 108.320. In the plan the authority will include a description of available money and…

As a condition to providing assistance under 3 AAC 108.300 - 3 AAC 108.320, the authority will require the recipient to (1) execute a grant agreement prepared by the authority that describes the terms and conditions of the assistance; (2) execute a waiver of any sovereign immunit…

Subject to the availability of appropriations, the authority may provide financial assistance under 3 AAC 108.400 - 3 AAC 108.499 (village energy efficiency program) to eligible applicants representing eligible communities to conduct energy audits, implement cost-saving energy ef…

(a) A community with a population not greater than 8,000 residents is eligible for a village energy efficiency program grant. (b) An applicant committed to representing the interests of the entire community in developing an effective work plan and implementing energy efficiency a…

Village energy efficiency program grant money may be used for the following types of energy efficiency and conservation projects: (1) energy efficiency audits of public buildings and facilities; not more than 30 percent of the grant money may be used for energy efficiency audits;…

(a) The authority will publish public notice of the application period on the authority's website, and on the Alaska Online Public Notice System (AS 44.62.175). The authority may also publish notice on or through other media outlets. (b) In the public notice, the authority will r…

(a) A grant application must include (1) the applicant's name and type of entity: (2) the name of the community the applicant represents; (3) a statement from the applicant of community support for the applicant to represent the community related to the village energy efficiency …

(a) The authority will evaluate and rank grant applications, with priority given to applications representing eligible communities based upon each of the following criteria: (1) the cost of electricity and heating energy in the community; (2) the demand for energy in the communit…

(a) Before the authority will disburse any grant money, the applicant must sign a grant agreement containing the terms and conditions of the grant. A grant agreement must contain the terms and conditions of the grant, including (1) the identity of the community the applicant repr…

(a) The village energy efficiency program projects will generally be administered by the authority. Except as provided in (b) of this section, after approving the grant application, the authority will contract with third-party service providers to implement the grant project. (b)…

Upon completion of the grant project, or termination of the grant, the authority will close out the grant and the grantee shall return to the authority any grant money not spent on project work under the terms and conditions of the grant agreement. Notes 3 AAC 108.480 Eff. 6/30/2…

(a) An applicant whose grant application is denied may request reconsideration to the executive director of the authority. The request for reconsideration must be in writing, must state the basis for reconsideration, and must be received by the authority not more than 10 days aft…

In 3 AAC 108.400 - 3 AAC 108.499, unless the context requires otherwise, (1) "American Society of Heating, Refrigerating and Air-Conditioning Engineers Level II or higher energy audit" means an energy audit that complies with guidance provided by the American Society of Heating, …

Subject to the availability of appropriations, the authority may provide financial assistance under 3 AAC 108.500 - 3 AAC 108.590 (commercial building energy audit program) to reimburse the owners of commercial buildings in the state for the cost of energy audits of their commerc…

Any non-public owner of a commercial building located in the state may apply for and receive a grant for reimbursement of up to the full cost of a commercial energy audit under 3 AAC 108.500 - 3 AAC 108.590. An eligible applicant may operate the applicant's commercial building on…

A commercial building energy audit program grant may be awarded to an eligible applicant for up to the total cost of a commercial building energy audit that (1) meets or exceeds the standards of an American Society of Heating, Refrigerating and Air-Conditioning Engineers Level II…

(a) The amount of an approved grant will be determined under the schedule in this subsection based on the square feet of building size and whether the building has heating only or has heating, ventilation, and air conditioning, with adjustments the authority makes under (b) of th…

(a) The authority will publish public notice of the application period on the authority's website, and on the Alaska Online Public Notice System (AS 44.62.175). The authority may also publish notice on or through other media. (b) In the public notice, the authority will request a…

The authority will require the applicant to provide the following documents and information regarding the commercial building: (1) proof of private ownership and site control; (2) utility bills for the prior 12 months' energy use, or self-reported statements certified by the appl…

(a) The authority will evaluate and rank grant applications, with priority for funding based upon each of the following criteria: (1) whether the applicant and commercial building meet the eligibility requirements; (2) the annual energy use intensity of the commercial building, a…

The authority will send a notice to proceed after an applicant has been selected for a grant. Notes 3 AAC 108.560 Eff. 9/25/2013, Register 207 Authority:AS 44.83.080 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between o…

The grant recipient is responsible for each of the following project activities after receiving a notice to proceed: (1) hiring an energy auditor and notifying the authority of the name and estimated date of the energy audit; (2) being present for the energy audit; (3) providing …

(a) An applicant whose application is denied may request reconsideration to the executive director of the authority. The request for reconsideration must be in writing, must state the basis for reconsideration, and must be received by the authority not more than 10 days after den…

In 3 AAC 108.500 - 3 AAC 108.590, unless the context requires otherwise, (1) "American Society of Heating, Refrigerating and Air-Conditioning Engineers Level II or higher energy audit" means an energy audit that complies with guidance provided by the American Society of Heating, …

The authority will publish and periodically update on its Internet web site information on (1) solicitations for proposals, procedures for developing proposals and requesting assistance under this chapter, and criteria that the authority uses to select recipients of assistance; (…

(a) In accordance with this section, and except as otherwise provided by statute or required as a condition of assistance received by the authority under 3 AAC 105.020, an interested party may protest the authority's award of a contract, the authority's proposed award of a contra…

(a) In accordance with this section, and except as otherwise provided by statute or required as a condition of assistance received by the authority under 3 AAC 105.020, a person who has a claim against the authority under a contract or grant agreement with the authority may submi…

(a) A protester who is dissatisfied with a decision of the procurement officer under 3 AAC 108.910, a claimant who is dissatisfied with a decision of the procurement officer under 3 AAC 108.915, or a protester dissatisfied with other action of the authority, may appeal the decisi…

In this chapter, unless the context requires otherwise, (1) "alternative energy" (a) means energy or fuel that is used for production of electricity, heat, or mechanical power, and that is derived from renewable or local sources other than liquid petroleum; and (b) includes (i) w…

(a) This chapter applies to procurement for construction, supplies, services, and professional services for a project conducted by the authority in managing a grant on behalf of a grantee. This chapter applies only to procurements exempt from AS 36.30 (State Procurement Code) und…

This chapter sets out procedures for the authority to conduct procurements on behalf of grantees in a manner that (1) provides for the needs of the grantee; (2) is efficient, cost-effective, and consistent; and (3) is justifiable to potential bidders, offerors, and contractors. N…

(a) The executive director is vested with and may exercise all of the rights, powers, and duties that relate to the management of construction, supplies, services, an professional services procured under this chapter by the authority on behalf of a grantee. (b) The executive dire…

Nothing in this chapter prevents the authority from complying with the terms and conditions of a grant, gift, bequest, cooperative agreement, or federal assistance agreement. Notes 3 AAC 109.040 Eff. 7/10/2015, Register 215, October 2015 Authority:AS 44.83.080 State regulations a…

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 109.060 Eff. 7/10/2015, Register 215, October 2015 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 109.080 Eff. 7/10/2015, Register 2…

(a) The purpose of a specification is to serve as a basis for obtaining, in an efficient, cost-effective, and consistent manner, a supply, service, or construction item suitable for the needs of the grantee. (b) The chief procurement officer shall monitor the content and use of s…

(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 or the federal funding source governing the procurem…

(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 grantee: (1) design-bid-build; (2) construction management; (3) constru…

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

(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 grantee or authority as determined by th…

(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 ma be extended, upon the procurement officer's determination that the extension or amendment satisfies 3 AAC 109.020. Notice shall be provided so that potential bidders or offerors hav…