Alaska Administrative Code

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…

(a)If a contract for architect, engineer, or land surveying services is expected to exceed the dollar threshold for construction set out in 2 AAC 12.400(d), the chief procurement officer, commissioner of transportation and public facilities, or commissioner of natural resources, …

(a) The selection committee shall evaluate(1) statements submitted in response to the solicitation for architect, engineer, or land surveying services, including proposals for joint ventures; and (2) supplemental statements of qualifications and performance data, if submission of…

The selection committee may hold discussions regarding the proposed contract with the firms or persons selected. The purpose of such discussions is to explore the scope and nature of the required services and the relative utility of alternative methods of approach. The conditions…

After discussions, if held under 2 AAC 12.370, the selection committee shall reevaluate and select, in order of preference, no fewer than three firms or persons that the committee considers to be the most highly qualified and suitable to provide the required services. The selecti…

(a)The procurement officer shall negotiate with the most qualified and suitable offerors in the order in which they are ranked. Contract negotiations shall be directed toward (1)making certain that the offeror has a clear understanding of the scope of the work and the requirement…

(a) Repealed 2/28/2014 (b) A purchasing agency shall use reasonable and adequate procedures and make records that facilitate auditing of the purchasing agency when procuring (1) supplies, services, professional services, or construction estimated to cost not more than $25,000; (2…

(a) A request by a purchasing agency that a procurement be restricted to one potential contractor shall be accompanied by a written explanation that meets the requirements of 2 AAC 12.415 as to why it is not practicable to award a contract by competitive sealed bidding, competiti…

A determination by a state procurement official that a specific course of action is or is not "in the state's best interest" under AS 36.30.300 means a determination that is reasonable under the circumstances and is neither arbitrary, capricious, or prompted by corruption. A requ…

A record of every single source procurement shall be made and forwarded to the chief procurement officer, and must include (1) the supplier's or contractor's name; (2) the amount and type of each contract; (3) a listing of the supplies, services, or construction procured under ea…

(a) A request by a purchasing agency to limit that a procurement to two or more potential contractors must be accompanied by a written explanation as to why the solicitation should be limited, and why the competitive sealed bidding, competitive sealed proposals, or small procurem…

(a) For the purposes of AS 36.30.310, emergency conditions include (1) fire, flood, epidemic, riot, environmental accident, or a similarly compelling reason; (2) equipment failure, if the need for timely repair is essential; (3) a situation in which procurement through competitiv…

(a) When emergency procurement is authorized by AS 36.30.310 and 2 AAC 12.440, and emergency procurement is limited to the supplies, services, professional services, or construction necessary to meet the emergency, and shall be made with competition that is practicable under the …

The procurement officer or the agency official responsible for procurement shall make and promptly forward to the chief procurement officer a record of each emergency procurement. The record must set out (1) the contractor's name; (2) the amount and type of the contract; (3) a li…

The chief procurement officer and the commissioner of transportation and public facilities, in consultation with the attorney general, may establish standard contract clauses for state contracts. A procurement officer may modify a standard clause only with the prior written appro…

(a) A state contract may include a clause that provides for adjustment of the contract price, adjustment of the time of performance, liquidated damages, termination of the contract, or a term that the procurement officer deems appropriate. (b) A contract clause allowing the impos…

(a) A state contract or subcontract may not be transferred or otherwise assigned without the prior written consent of the procurement officer responsible for the contract. (b) If the procurement officer responsible for the contract determines it is in the best interests of the st…

(a) Except for contract amendments in a contract with a clause that authorizes adjustment under 2 AAC 12.475(a), all amendments to contracts shall be made in accordance with this section. (b) The procurement officer may amend a contract for construction, as "construction" is defi…

(a) Factors that may be considered in determining whether a prospective contractor is responsible include whether the prospective contractor (1) has a satisfactory record of performance; (2) is qualified legally to contract with the state; and (3) has supplied all necessary infor…

(a) If an inspection is made in the plant or place of business of a contractor or subcontractor, the contractor or subcontractor shall provide without charge all reasonable facilities and assistance for the safety and convenience of the person performing the inspection or testing…

(a) The state will, in its discretion, inspect supplies and services at the contractor or subcontractor's facility, and perform tests to determine whether they conform to solicitation requirements, or, after award, to contract requirements, and are therefore acceptable. Inspectio…

Books and records that relate to a state contract or subcontract shall be retained in such a manner that all actual costs related to the contract or subcontract can be easily determined. Notes 2 AAC 12.530 Eff. 1/1/88, Register 104 Authority:AS 36.30.040 AS 36.30.420

The chief procurement officer and the commissioner of transportation and public facilities may establish procedures for price analysis in the bid evaluation process. Notes 2 AAC 12.540 Eff. 1/1/88, Register 104 Authority:AS 36.30.040

A procurement officer may not waive the requirements of AS 36.30.400(a) concerning submission of cost and pricing data. Notes 2 AAC 12.550 Eff. 1/1/88, Register 104 Authority:AS 36.30.040 AS 36.30.400

(a) The commissioner of administration, the commissioner of transportation and public facilities, or the chief procurement officer may establish guidelines for cost principles that may be used to determine allowability of incurred costs for the purpose of reimbursement under cont…

In dealing with contractors operating according to federal cost principles, such as Defense Acquisition Regulations, Section 15, or Federal Procurement Regulations, Part 1-15, the procurement officer may use the federal cost principles as guidance in contract negotiations. Notes …

(a) A request to use an innovative procurement procedure shall be submitted in writing by a purchasing agency to the chief procurement officer or, for construction contracts or procurements of the state equipment fleet, to the commissioner of transportation and public facilities.…

(a) An agency that, under 2 AAC 12.575, requests use of innovative procurement shall maintain its innovative procurement files open for inspection as required under AS 36.30.140(b) and AS 36.30.230. The innovative procurement files must contain:(1) a copy of the contract; (2) the…

The chief procurement officer, the commissioner of transportation and public facilities, and the head of a purchasing agency may establish procedures to determine appropriate stock levels and the management of agency supplies. Notes 2 AAC 12.580 Eff. 1/1/88, Register 104 Authorit…

(a) State agencies shall submit inventory records as directed by the chief procurement officer. Inventory records must include the following: (1) all nonconsumable supplies with a unit acquisition cost of more than $5,000; (2) supplies determined by the chief procurement officer …

(a) The chief procurement officer may act on behalf of the state in all matters pertaining to the disposition of surplus supplies. A purchasing agency may not transfer or otherwise dispose of supplies owned by the state without separate statutory authorization or authorization of…

The Department of Administration will, in its discretion, acquire and distribute from the United States Government surplus property that may be usable and necessary for public purposes by a state agency or a political subdivision of the state. The chief procurement officer may (1…

(a) Repealed 11/28/97. (b) 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 required by AS 36.30.560 no more than 10 days after a notice of canc…

(a) If a determination to suspend a contractor or prospective contractor is made under AS 36.30.635, the written decision shall be sent to the person to be suspended. The decision must state that (1) the suspension is for the period it takes to complete an investigation into poss…

The commissioner of administration may consider as a serious and compelling cause under AS 36.30.640(7) a wilful or aggravated violation of state or federal labor or safety laws as set out by the Department of Labor and Workforce Development under 8 AAC 100.010 and 8 AAC 100.030 …

(a) Written notice of a proposed debarment action shall be sent by certified mail, return receipt requested, to the last known address of the contractor or prospective contractor. This notice must(1) state that debarment is being considered; (2) set out the reasons for the action…

A debarment decision takes effect upon issuance of the written decision. After the debarment decision takes effect, the contractor remains debarred until a court or the commissioner of the department that issued the decision orders otherwise, or until the debarment period specifi…

A person entitled to a hearing under AS 36.30 must request in writing that a hearing be held. The request must be received by the commissioner of administration or the commissioner of transportation and public facilities, as appropriate, within the applicable time period set out …

The hearing officer shall send a written notice of the time and place of a hearing to the last known addresses of the person requesting the hearing and other affected persons. A copy shall be sent to the purchasing agency. Notes 2 AAC 12.660 Eff. 1/1/88, Register 104 Authority:AS…

(a) A hearing shall be as informal as is reasonable and appropriate under the circumstances. The weight to be attached to evidence presented is within the discretion of the hearing officer. Stipulations of fact agreed upon by the parties may be regarded and used as evidence at th…

The chief procurement officer, in consultation with the attorney general, shall develop procedures, including forms, for reporting suspected anticompetitive practices. A procurement officer who suspects that an anticompetitive practice has occurred or may be occurring shall follo…

In accordance with AS 36.30.687, upon a finding that the recipient of a state contract made misrepresentation or fraudulent claims at any stage of proceedings relating to a procurement or contract controversy the procurement officer or the head of a purchasing agency may, after c…

(a) An interested party shall attempt to informally resolve a dispute with the procurement officer regarding a small procurement. If the attempt is unsuccessful, the interested party may protest the solicitation or the award of a small procurement contract under AS 36.30.320. The…

(a) A request made to a public procurement unit by another public procurement unit to provide or make available personnel, services, information, or technical services under AS 36.30.730 must be complied with only to the extent that is mutually agreed upon. (b) A request made to …