Alaska Administrative Code

Notes 2 AAC 10.240 Repealed 6/2/78. 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 have more versions to compare…

Notes 2 AAC 10.250 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 have more versions to compare. No prior versio…

Notes 2 AAC 10.300 Eff. 6/2/78, Register 66; deleted 1/2009, Register 188 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 add…

Notes 2 AAC 10.400 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 have more versions to compare. No prior versio…

Notes 2 AAC 10.410 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 have more versions to compare. No prior versio…

Notes 2 AAC 10.420 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 have more versions to compare. No prior versio…

Notes 2 AAC 10.430 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 have more versions to compare. No prior versio…

Notes 2 AAC 10.440 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 have more versions to compare. No prior versio…

Source selection may not be based on discrimination because of race, religion, color, national origin, sex, age, marital status, pregnancy, parenthood, disability, or political affiliation. Notes 2 AAC 12.010 Eff. 1/1/88, Register 104; am 6/29/95, Register 134 Authority:AS 36.30.…

A procurement officer may exclude a prospective contractor from submitting a bid or proposal, or may reject a prospective contractor's bid or proposal, after making a written determination that the prospective contractor assisted in drafting the invitation to bid or request for p…

Purchasing requirements of an agency may be fulfilled by procuring supplies produced or services performed by industries of Alaska correctional institutions. The commissioner of administration will determine whether such supplies or services meet the state's requirements and whet…

An agency may not contract for the services of legal counsel without the prior written approval of the attorney general. Contracts for the services of legal counsel may incorporate clauses for adjustments in prices, time of performance, and total dollar amount. Notes 2 AAC 12.040…

(a) The chief procurement officer shall use the list maintained by the division of vocational rehabilitation of employment programs that qualify under AS 36.30.990(11). (b) A procurement officer may fulfill agency requirements by procuring supplies produced or services performed …

Notes 2 AAC 12.060 Eff. 1/1/88, Register 104; am 3/30/90, Register 113; repealed 2/28/2014, Register 209, April 2014 Authority:AS 36.30.040 AS 36.30.050 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recen…

The chief procurement officer may prepare and approve specifications for supplies or services. The commissioner of transportation and public facilities may prepare and approve specifications for construction and purchases for the state equipment fleet. Notes 2 AAC 12.070 Eff. 1/1…

(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 state's needs. (b) Specifications must, to the extent practicable, emphasize functional or performance criteria necessary …

Except for specifications relating to procurements under 2 AAC 12.400(b), all specifications must describe the requirements to be met without having the effect of exclusively requiring a proprietary supply, service, or construction item, or procurement from a single source, unles…

Except for specifications relating to procurements under 2 AAC 12.400(b), a specification that limits the procurement of items to a specific manufacturer's name or catalog number may be used only if the procurement officer determines in writing that only the identified brand name…

(a) A qualified products list may be developed with the approval of the chief procurement officer, or the commissioner of transportation and public facilities, if testing or examination of the supplies or construction items before issuance of the solicitation is desirable or nece…

(a) An invitation to bid must include the following:(1) instructions and information to bidders concerning the bid submission requirements, the time and date set for receipt of bids, the address of the office to which bids are to be delivered, the maximum time for bid acceptance …

(a) Except for small purchases made under 2 AAC 12.400, notice of an invitation to bid shall be given by posting on the Alaska Online Public Notice System as required by AS 36.30.130(a). Notice may also be provided in accordance with AS 36.30.130 by one of the following methods: …

(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 until opened by the procurement officer. Upon receipt, a bid correction shall be securely stored until the time and date set for bid openi…

A bid received after the time and date set for receipt of bids is late. A correction or withdrawal of a bid received after the time and date set for opening of bids at the place designated for opening is late. A late bid correction, or withdrawal, may not be accepted unless the d…

(a) Inadvertent errors discovered after opening but before award, other than minor informalities, may not be corrected. If a bidder submits proof that clearly and convincingly demonstrates that an inadvertent error other than a minor informality was made, the bidder may withdraw …

(a) Award of a bid may not be based on discrimination due to the race, religion, color, national origin, sex, age, marital status, pregnancy, parenthood, disability, or political affiliation of the bidder. A bid shall be evaluated to determine whether the bidder responds to the p…

If only one responsive bid is received in response to an invitation to bid, including multi-step bidding, an award may be made to the single bidder if the bidder is responsible and if the procurement officer finds that the price submitted is fair and reasonable and that either ot…

Following award, a record showing the basis for determining the successful bidder shall be made a part of the procurement file. Notes 2 AAC 12.200 Eff. 1/1/88, Register 104 Authority:AS 36.30.040 AS 36.30.500 State regulations are updated quarterly; we currently have two versions…

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 the bidder's right under AS 36.30 to protest the award, including the time within which the protest must be received; and (2) the name of the …

(a) The following types of supplies and services, for which the use of competitive sealed bidding is either not practicable or not advantageous to the state, may be procured by competitive sealed proposals without a written determination by the procurement officer:(1) professiona…

Public notice shall be given by distributing the request for proposals or notice of requests for proposals in the manner provided in 2 AAC 12.130. Notes 2 AAC 12.220 Eff. 1/1/88, Register 104 Authority:AS 36.30.040 AS 36.30.210 State regulations are updated quarterly; we currentl…

A proposal may be corrected, modified, or withdrawn before the time and date set for receipt of proposals, in the manner described in 2 AAC 12.140. Notes 2 AAC 12.230 Eff. 1/1/88, Register 104; am 3/27/93, Register 125; am 2/28/2014, Register 209, April 2014 Authority:AS 36.30.04…

Proposals, modifications, and corrections shall have the date and time of receipt recorded upon receipt, and shall be held securely. After the date set for receipt of proposals, a register of proposals must be prepared. The register must include the name of each offeror and a des…

Unless otherwise provided in the request for proposals, a proposal, correction, modification, or withdrawal received after the date and time set for receipt of proposals is late, and may not be accepted unless the delay is due to an error of the contracting agency. Notes 2 AAC 12…

(a) The procurement officer, or a procurement evaluation committee consisting of at least three state employees or public officials, shall evaluate proposals. The procurement officer may be one of the members on a procurement evaluation committee. (b) The evaluation must be based…

If a state agency uses competitive sealed proposals to procure heavy trucks and heavy equipment, the state agency may use other evaluation factors in addition to the evaluations factors set out in 2 AAC 12.260(c) - (f), including (1) the price; (2) the quality of the article offe…

If after evaluation under 2 AAC 12.260 and discussion under 2 AAC 12.290 only one responsive and responsible proposal is available for award, the procurement officer may make an award in accordance with AS 36.30.250, may reject the proposal, or may reject the proposal and resolic…

Notes 2 AAC 12.280 Eff. 1/1/88, Register 104; repealed 6/29/95, Register 134 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 …

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 offeror for clarification of uncertainties or elimination of confusion concerning the contents of a pro…

(a) Offerors of proposals reasonably susceptible for award as determined in the evaluation conducted under 2 AAC 12.260 may be offered the opportunity to discuss their proposals with the procurement officer or evaluation committee at the discretion of the procurement officer. The…

If, after receipt of proposals, there is a need for any substantial clarification of or material change in the request for proposals, the request must be amended to incorporate the clarification or change, and a date and time established by the procurement officer for receipt of …

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 state. Notes 2 AAC 12.300 Eff. 1/1/88, Register 104 Auth…

Notice of intent to award shall be issued in accordance with 2 AAC 12.210. Notes 2 AAC 12.310 Eff. 1/1/88, Register 104 Authority:AS 36.30.040 AS 36.30.365 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most re…

After final evaluation of proposals, including an adjustment of an evaluation of a proposal as authorized under 2 AAC 12.290(d) and 2 AAC 12.295, the procurement officer may negotiate with the offeror of the highest ranked proposal for the purpose of obtaining contract terms cons…

(a) Except as provided otherwise in this section, architect, engineer, or land surveyor services must be procured under 2 AAC 12.220 - 2 AAC 12.310, 2 AAC 12.320 - 2 AAC 12.390, and 2 AAC 12.400. In the case of inconsistency, the provisions of 2 AAC 12.320 - 2 AAC 12.390 control.…

Before announcing the need for architect, engineer, or land surveying services, the head of the purchasing agency must determine (1) that the services to be acquired are services subject to AS 36.30.270; (2) that a reasonable inquiry has been conducted and it has been determined …

(a) Notice of the need for architect, engineer, or land surveying services shall be given as described in 2 AAC 12.130. (b) A solicitation must be prepared which describes the state's requirements, sets out the evaluation criteria, and includes notice of any conference to be held…