Title 36, Public Contracts

In AS 36.30.322 — 36.30.338, (1) “Alaska product” means a product of which not less than 25 percent of the value, as determined in accordance with regulations adopted under AS 36.30.332(a), has been added by manufacturing or production in the state; (2) “produced or manufactured”…

If a contract contains a term that is in conflict with a state standard form contract term or if a standard term is deleted or modified by a term that is not standard, the contract must be reviewed by the Attorney General and approved as to form.

An invitation to bid, a request for proposals, or other solicitation may be cancelled or any or all bids or proposals may be rejected in whole or in part or the date for opening bids or proposals may be delayed when it is in the best interests of the state in accordance with regu…

(a) A written determination of nonresponsibility of a bidder or offeror shall be made by the procurement officer in accordance with regulations adopted by the commissioner. The unreasonable failure of a bidder or offeror to promptly supply information in connection with an inquir…

Except for awards made under AS 36.30.170, if the procurement officer awards a contract to a person who does not reside or maintain a place of business in the state and if the supplies, services, professional services, or construction that is the subject of the contract could hav…

At least 10 days before the formal award of a contract that is not for construction, and at least five days before the award of a construction contract, under this chapter, except for a contract awarded under AS 36.30.300 — 36.30.320, the procurement officer shall provide to each…

Any type of contract that will promote the best interests of the state may be used, except that the use of a cost-plus-a-percentage-of-cost contract is prohibited.

(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 state provided the term of the contract and conditions of renewal or extension, if any, are i…

(a) Before an award of a 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 contractor's know…

The state may, at reasonable times, inspect the part of the plant or place of business of a contractor or subcontractor that is related to the performance of a contract awarded or to be awarded by an agency.

(a) The state may, at reasonable times and places, audit the books and records of a person who has submitted cost or pricing data under AS 36.30.400 to the extent that the books and records relate to the cost or pricing data. A person who receives a contract, change order, or con…

(a) The commissioner shall adopt regulations permitting the inclusion of clauses providing for adjustments in prices, time of performance, or other contract provisions as appropriate. (b) The commissioner shall adopt regulations permitting or requiring the inclusion in state cont…

The procurement officer or the head of a contracting agency may vary the clauses adopted under AS 36.30.430 for inclusion in a particular state contract if the (1) variations are supported by a written determination that states the circumstances justifying the variation; and (2) …

A contract modification, change order, or contract price adjustment under a construction contract in excess of an amount established by regulation of the commissioner is subject to prior written certification by the fiscal officer of the agency responsible for funding the project…

The commissioner shall adopt regulations setting out cost principles that shall be used to determine the allowability of incurred costs for the purpose of reimbursing costs under contract provisions that provide for the reimbursement of costs. If a written determination is approv…

Procurement records shall be retained and disposed of in accordance with records retention guidelines and schedules approved by the state archivist. Retained documents shall be made available to the attorney general or a designee upon request and proper receipt.

A contract file open for public inspection shall be kept by the commissioner and the contracting agency for each contract awarded under competitive sealed proposals. The file kept by the commissioner must contain a summary of the information in the file of the contracting agency.…

(a) The commissioner shall maintain for a minimum of five years a record listing all single source procurement contracts made under AS 36.30.300 and emergency procurements made under AS 36.30.310. The record must contain (1) each contractor's name; (2) the amount and type of each…

The commissioner and the contracting agency shall keep a file for each contract awarded under an innovative procurement process under AS 36.30.308. The file is subject to inspection under the same standards as described in AS 36.30.140(b) and 36.30.230. The file kept by the commi…

Procurement information is public except as otherwise provided by law.

The commissioner shall biennially prepare a report concerning procurements by agencies and notify the legislature that the report is available. The report must include (1) the records maintained by the commissioner under AS 36.30.510 and the records maintained under AS 36.30.520(…

(a) Except for small procurements made under AS 36.30.320, the provisions of AS 36.30.560 — 36.30.615 apply to a solicitation, a proposed contract award, and an award of a contract for supplies, services, professional services, or construction. (b) The commissioner shall adopt re…

An interested party may protest the award of a contract, the proposed award of a contract, or a solicitation for supplies, services, professional services, or construction by an agency. The protest shall be filed with the procurement officer of the contracting agency in writing a…

(a) A protest based on alleged improprieties or ambiguities in a solicitation must be filed at least 10 days before the due date of the bid or proposal, unless a later protest due date is specifically allowed in the solicitation. If a solicitation is made with a shortened public …

The procurement officer shall immediately give notice of a protest filed under AS 36.30.565 to the contractor if a contract has been awarded or, if no award has been made, to all interested parties.

If a protest is filed the award may be made unless the procurement officer of the contracting agency determines in writing that a (1) reasonable probability exists that the protest will be sustained; or (2) stay of the award is not contrary to the best interests of the state.

(a) The procurement officer of the contracting agency shall issue a written decision containing the basis of the decision within 15 days after a protest has been filed. A copy of the decision shall be furnished to the protester by certified mail or other method that provides evid…

(a) If the procurement officer sustains a protest in whole or in part, the procurement officer shall implement an appropriate remedy. (b) In determining an appropriate remedy, the procurement officer shall consider the circumstances surrounding the solicitation or procurement inc…

(a) An appeal from a decision of a procurement officer on a protest may be filed by the protester with the commissioner of administration, or for protests involving construction, lease of space, or procurements for the state equipment fleet, the commissioner of transportation and…

(a) The procurement officer shall immediately give notice of an appeal filed under AS 36.30.590 to the contractor if a contract has been awarded or, if no award has been made, to all interested parties. (b) The commissioner of administration or the commissioner of transportation …

If a protest appeal is filed before a contract is awarded and the award was stayed under AS 36.30.575, the filing of the appeal automatically continues the stay until the commissioner of administration or the commissioner of transportation and public facilities, as appropriate, m…

(a) The procurement officer of the contracting agency shall file a complete report on the protest and decision with the commissioner of administration or the commissioner of transportation and public facilities, as appropriate, within 10 days after a protest appeal is filed. The …

(a) The commissioner of administration or the commissioner of transportation and public facilities, as appropriate, shall dismiss a protest appeal before a hearing is held if it is determined in writing that the appeal is untimely under AS 36.30.590(a). (b) The commissioner of ad…

A hearing on a protest appeal shall be conducted in accordance with AS 36.30.670 and regulations adopted by the commissioner to the extent the regulations do not conflict with regulations adopted under AS 44.64.060.

(a) A contractor shall file a claim concerning a contract awarded under this chapter with the procurement officer. The contractor shall certify that the claim is made in good faith, that the supporting data are accurate and complete to the best of the contractor's knowledge and b…

The amount ultimately determined to be due under AS 36.30.620 — 36.30.630 and 36.30.670 — 36.30.685 to a department contractor, the department, or a contracting agency to whom the responsibility for handling the claims is delegated by the department under AS 36.30.632 accrues int…

(a) An appeal from a decision of the procurement officer on a contract claim may be filed by the contractor with the commissioner of administration or, for a claim involving a construction contract, lease of space, or procurement for the state equipment fleet, the commissioner of…

(a) An appeal from a decision of the procurement officer of a claim involving a construction contract shall be resolved by (1) binding and final arbitration under AS 09.43.010 — 09.43.180 (Uniform Arbitration Act) or AS 09.43.300 — 09.43.595 (Revised Uniform Arbitration Act), as …

In appeals under AS 36.30.627, the arbitrator or hearing officer may (1) issue subpoenas, including subpoenas duces tecum, to compel the attendance of witnesses and the production of documents; (2) allow the taking of depositions for discovery or to perpetuate testimony; and (3) …

(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…

(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…

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.

(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…

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 …

(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 …

(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…