Title 36 — Public Contracts
9 chapters · 210 sections in this title.
AS 36.30.630 Hearing on a contract claim; decision without hearing.
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(a) Except as provided in (b) of this section, a hearing shall be conducted according to AS 36.30.670 and, to the extent they do not conflict with regulations adopted under AS 44.64.060, regulations adopted by the commissioner of administration on a contract claim appealed to the…
AS 36.30.631 Attorney fees, costs, and offers of judgment.
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(a) An arbitrator in the arbitration of a construction contract claim under AS 36.30.627(a)(1) and a hearing officer for the hearing of a construction contract claim conducted under AS 36.30.627(a)(2) shall award the prevailing party attorney fees and costs incurred in the arbitr…
AS 36.30.632 Delegation.
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The commissioner of administration and the commissioner of transportation and public facilities may delegate responsibilities under AS 36.30.590 — 36.30.630 to the head of the contracting agency.
AS 36.30.635 Authority to debar or suspend.
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(a) After consultation with the using agency and the attorney general and after a hearing conducted according to AS 36.30.670 and, to the extent they do not conflict with regulations adopted under AS 44.64.060, regulations adopted by the commissioner of administration, the commis…
AS 36.30.640 Causes for debarment or suspension.
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The causes for debarment or suspension include (1) conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of the contract or subcontract; (2) conviction under state or …
AS 36.30.645 Written determinations.
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(a) The commissioner of administration or the commissioner of transportation and public facilities shall issue a written decision to debar or suspend. The decision must (1) state the reasons for the action taken; and (2) inform the debarred person of rights to judicial appeal or …
AS 36.30.650 Hearing on a suspension.
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(a) A person suspended under AS 36.30.635 is entitled to a hearing conducted according to AS 36.30.670 and, to the extent that they do not conflict with regulations adopted under AS 44.64.060, regulations adopted by the commissioner of administration, if the person files a writte…
AS 36.30.655 List of persons debarred or suspended.
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The commissioner shall maintain a list of all persons debarred or suspended from consideration for the award of contracts.
AS 36.30.660 Reinstatement.
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(a) The commissioner of administration or the commissioner of transportation and public facilities may at any time after a final decision to debar a person from consideration for award of contracts reinstate the person after determining that the cause for which the person was deb…
AS 36.30.665 Limited participation by debarred person.
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The commissioner of administration or the commissioner of transportation and public facilities may permit a debarred person to participate in a contract on a limited basis during the debarment period if the commissioner determines in writing that the participation is advantageous…
AS 36.30.670 Hearing procedures.
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(a) The chief administrative law judge (AS 44.64.010) shall assign an administrative law judge to act as a hearing officer for a hearing conducted under this chapter. The hearing officer shall arrange for a prompt hearing and notify the parties in writing of the time and place of…
AS 36.30.675 Recommended decision and commissioner action.
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(a) The hearing officer shall recommend a decision to the commissioner of administration or the commissioner of transportation and public facilities, as appropriate, based on the evidence presented. The recommendation must include findings of fact and conclusions of law. (b) The …
AS 36.30.680 Final decision by the commissioner.
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A decision by the commissioner of administration or the commissioner of transportation and public facilities after a hearing under this chapter is final. A decision shall be sent within 20 days after the hearing to all parties by personal service or certified mail, except that a …
AS 36.30.685 Judicial appeal.
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(a) A final decision of the commissioner of administration or the commissioner of transportation and public facilities under AS 36.30.610, 36.30.635(a), 36.30.650, or 36.30.680 may be appealed to the superior court in accordance with the Alaska Rules of Appellate Procedure. (b) A…
AS 36.30.687 Misrepresentations, fraud, and attempted fraud.
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(a) A person who makes or uses in support of a contract claim under this chapter, a misrepresentation, 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 …
AS 36.30.690 Exclusive remedy.
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Notwithstanding AS 44.77 or other law to the contrary, AS 36.30.560 — 36.30.699 and regulations adopted under those sections provide the exclusive procedure for asserting a claim against an agency arising in relation to a procurement under this chapter.
AS 36.30.695 Other rules of procedure.
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(a) The commissioner may adopt by regulation additional rules of procedure providing for the expeditious arbitration, hearing, and other administrative review of all contract claims, both before the contracting agency and through an appeal heard de novo. (b) Except as provided by…
AS 36.30.699 Definition.
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Article 9. Intergovernmental Relations. In AS 36.30.560 — 36.30.695, “interested party” means an actual or prospective bidder or offeror whose economic interest may be affected substantially and directly by the issuance of a contract solicitation, the award of a contract, or the …
AS 36.30.700 Cooperative purchasing authorized.
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A public procurement unit may either participate in, sponsor, conduct, or administer a cooperative purchasing agreement for the procurement of supplies, services, professional services, or construction with one or more public procurement units or external procurement activities i…
AS 36.30.710 Interagency sale, acquisition, and use of supplies and services.
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(a) A public procurement unit may sell to, acquire from, or use any supplies belonging to another public procurement unit or external procurement activity independent of the requirements of AS 36.30.060 and 36.30.100 — 36.30.260. (b) A public procurement unit may enter into an ag…
AS 36.30.720 Joint use or lease of facilities and equipment.
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A public procurement unit may enter into agreements for the common use or lease of warehousing facilities, capital equipment, and other facilities with another public procurement unit or an external procurement activity under the terms agreed upon between the parties.
AS 36.30.730 Supply of personnel, services, and other items.
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(a) A public procurement unit may, upon written request from another public procurement unit or external procurement activity, provide personnel to the requesting public procurement unit or external procurement activity. The public procurement unit or external procurement activit…
AS 36.30.735 Restriction on contracting with or employing experts on radiation hazards.
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(a) Except for the Department of Health, the Department of Labor and Workforce Development, the Department of Environmental Conservation, and the Department of Military and Veterans' Affairs, a state agency may not (1) contract, other than with the Department of Health, to have s…
AS 36.30.740 Information relating to procurement needs.
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To the extent possible, the commissioner may collect information concerning the type, cost, quality, and quantity of commonly used supplies, equipment for the state fleet, services, or construction being procured or used by state public procurement units. The commissioner may als…
AS 36.30.750 Contract claims of other procurement units.
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(a) Under a cooperative purchasing agreement, claims arising between an administering public procurement unit and its bidders, offerors, or contractors shall be resolved in accordance with AS 36.30.560 — 36.30.699. (b) A local public procurement unit that is not subject to AS 36.…
AS 36.30.790 Definitions.
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Article 10. General Provisions. In AS 36.30.700 — 36.30.790, (1) “cooperative purchasing” means procurement conducted by, or on behalf of, more than one public procurement unit, or by a public procurement unit with an external procurement activity; (2) “external procurement activ…
AS 36.30.850 Application of this chapter.
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(a) This chapter applies only to contracts solicited or entered into after January 1, 1988, unless the parties agree to its application to a contract solicited or entered into before that date. (b) This chapter applies to every expenditure of state money by the state, acting thro…
AS 36.30.860 Supplementary general principles of law applicable.
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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, 45.14, and 45.29 (Uniform Commercial Code), the law merchant, and law relative to capacity to contract, agency, fraud, misrepresentation, dure…
AS 36.30.870 Adoption of regulations.
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(a) Regulations under this chapter shall be adopted in accordance with AS 44.62 (Administrative Procedure Act). (b) Regulations under this chapter applicable to procurements of construction, leases of space for the executive branch of state government, or procurements for or disp…
AS 36.30.880 Requirement of good faith.
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All parties involved in the negotiation, performance, or administration of state contracts shall act in good faith.
AS 36.30.890 Federal funds or assistance.
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If a procurement involves the expenditure of federal funds or federal assistance and there is a conflict between a provision of this chapter or a regulation adopted under a provision of this chapter and a federal statute, regulation, policy, or requirement, the federal statute, r…
AS 36.30.900 Product preferences. [Repealed, § 48 ch 137 SLA 1996.]
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[Repealed or reserved.]
AS 36.30.910 Purchases through general services administration.
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Notwithstanding any other provision of this chapter, purchasing through the general services administration or from federal supply schedules of the general services administration may be made without competitive sealed bidding, competitive sealed proposals, or other competition, …
AS 36.30.920 Reporting of anticompetitive practices.
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When for any reason collusion or other anticompetitive practices are suspected among bidders or offerors, a notice of the relevant facts shall be transmitted to the attorney general by the person who suspects the collusion or other anticompetitive practices.
AS 36.30.930 Civil and criminal penalties.
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The following penalties apply to violations of this chapter: (1) a person who contracts for or purchases supplies, equipment for the state fleet, services, professional services, or construction in a manner the person knows to be contrary to the requirements of this chapter or th…
AS 36.30.940 Enforcement.
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[Repealed or reserved.]
AS 36.30.950 Severability.
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If any provision of this chapter or any application of this chapter to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this en…
AS 36.30.960 Background investigation for contractors with access to federal tax information.
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(a) Upon request of an agency, the procurement officer shall notify each contractor if a contract with the state requires access to federal tax information for performance of the contract. Each contractor with the state whose duties require access to federal tax information shall…
AS 36.30.990 Definitions.
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In this chapter, unless the context in which a term is used clearly requires a different meaning or a different definition is prescribed for a particular provision, (1) “agency” (A) means a department, institution, board, commission, division, authority, public corporation, the A…
AS 36.30.995 Short title.
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This chapter may be cited as the State Procurement Code.