Alaska Administrative Code

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 grantee 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's …

(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(a) A bid may be corrected or withdrawn by written request received in the office designated in the invitation for bids before the time and date set for opening.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 submitted on paper must be submitted in a sealed envelope with the invitation to bid number identified on the outside of the envelope. Upon receipt, the bid and any bid corrections shall be stored in a secure place until the time and date set for bid opening. (b) The pr…

(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 grantee 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 proc…

(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 109.280; (3) the bidder is excluded from bidding un…

(a) 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 conforms in all material respects to the requirements and criteria set out in the invitation to bi…

(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 109.320 Eff. 7/10/2015, Register 215, October 2015 Authority:AS 44.83.080 State regulations are updated quarterly; we currently have two ver…

(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 109.570 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 for satisfying 3 AAC 109.020 than competitive sealed bidding. (b) The …

A request for competitive sealed proposals must contain (1) the date, lime, 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) Proposals may be accepted electronically. Proposals submitted on paper must be submitted in a sealed envelope with the competitive proposal number identified on the outside or the envelope. Upon receipt, the proposal and any proposal corrections shall be stored in a secure pl…

(a) The procurement officer shall evaluate proposals based on the evaluation criteria and processes identified in the request for proposals. The procurement officer may not use other factors, criteria, or processes. (b) The procurement officer, or a procurement evaluation committ…

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 offerer whose proposal is reasonably susceptible for award as determined in the initial evaluation may be offered the opportunity to confidentially discuss the proposal with the procurement officer or procurement evaluation com…

(a) After evaluation of proposals including an adjustment of an evaluation of a proposal, the procurement officer may negotiate with the offeror of the highest ranked proposal for the purpose of obtaining contract terms consistent with the solicitation and most favorable to the g…

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 grantee taking into consideration the evaluation factors set out in the request f…

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 purposes of this chapter. Notes 3 AAC 109.430 Eff. 7/10/…

Notice of intent to award shall be issued in accordance with 3 AAC 109.330. Notes 3 AAC 109.440 Eff. 7/10/2015, Register 215, October 2015 Authority:AS 44.83.080 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our m…

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 109.210 - 3 AAC 109.330 or 3 AAC 109.340 - 3 AAC 109.440. (b) The procurement officer…

(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 grantee. (b) Situations that may…

(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 satis…

Any type of contract that will promote the best interests of the grantee may be used, except that the use of a cost-plus-a-percentage-of-cost contract is prohibited. Notes 3 AAC 109.510 Eff. 7/10/2015, Register 215, October 2015 Authority:AS 44.83.080 State regulations are update…

(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…

(a) Unless otherwise provided by law, a contract for supplies, services, or professional services may be entered into for any period of time considered to be in the best interests of the grantee or authority if the term of the contract and conditions of renewal or extension, if a…

(a) The procurement officer may amend a contract or purchase order if the contract includes clauses or terms that allow for and anticipate change orders, additional work, changes in scope, price adjustments, follow-up phases of work, or renewals consistent with the original scope…

(a) The chief procurement officer, in consultation with the attorney general, may establish standard contract clauses that provide for appropriate remedies and cover the following subjects: (1) liquidated damages; (2) order of precedence of contract documents; (3) specified excus…

(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 109.580, the provisions of AS 36.30.560-36.30.615 apply to the protest on a solicitation, a proposed contract award, or the award of a contract for supplies, services, professional services, or construction. In applyi…

(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. If the attempt is unsuccessful, the interested party may protest the solicitation or the award of a small pro…

(a) The provisions of AS 36.30.620-36.30.631 apply to any contract claim concerning a contract awarded by the procurement officer under this chapter. (b) Hearings on contract claims will be conducted in accordance with AS 36.30.670-36.30.685, and any arbitration of a construction…

(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…

Notes 3 AAC 109.620 Eff. 7/10/2015, Register 215, October 2015 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we ha…

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 under this chapter shall act in good faith. Notes 3 AAC 109.660 Eff. 7/10/2015, Register 215, October 2015 Authority:AS 44.83.080 State regulations are updated quarterly; we curr…

Notes 3 AAC 109.670 Eff. 7/10/2015, Register 215, October 2015 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we ha…

(a) Procurement records under this chapter are public records in accordance with AS 40.25.110. (b) If a bidder or proposer submits a procurement record and requests that it be kept confidential, the chief procurement officer shall determine whether the procurement record appears …

Procurement records shall be retained and disposed of in accordance with records retention guide lines and schedules approved by the state archivist. Notes 3 AAC 109.690 Eff. 7/10/2015, Register 215, October 2015 Authority:AS 44.83.080 State regulations are updated quarterly; we …

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…