Title 36 — Public Contracts
9 chapters · 210 sections in this title.
AS 36.30.005 Centralization of procurement authority.
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(a) Except as otherwise provided, all rights, powers, duties, and authority relating to the procurement of supplies, services, and professional services, and the control over supplies, services, and professional services vested in or exercised by an agency on January 1, 1988, are…
AS 36.30.010 Chief procurement officer.
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(a) The commissioner shall appoint to the partially exempt service the chief procurement officer of the state. The chief procurement officer must have at least five years of prior experience in public procurement, including large scale procurement of supplies, services, or profes…
AS 36.30.015 Executive branch agencies.
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(a) The commissioner of transportation and public facilities may delegate to another agency the authority to lease space for use of the executive branch of state government or contract for construction. Before delegating authority to an agency under this subsection, the commissio…
AS 36.30.020 Legislature.
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The legislative council shall adopt and publish procedures to govern the procurement of supplies, services, professional services, and construction by the legislative branch. The procedures must be based on the competitive principles consistent with this chapter and must be adapt…
AS 36.30.030 Court system.
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The administrative director of the Alaska Court System shall adopt and publish procedures to govern the procurement of supplies, services, professional services, and construction by the judicial branch. The procedures must be based on the competitive principles consistent with th…
AS 36.30.040 Procurement regulations.
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(a) The commissioner shall adopt regulations governing the procurement, management, and control of supplies, services, professional services, and construction by agencies. The regulations must contain provisions for prohibiting procurement from a person that has headquarters in a…
AS 36.30.050 Lists of contractors. [Repealed, § 26 ch 59 SLA 2013.]
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[Repealed or reserved.]
AS 36.30.060 Specifications.
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(a) The commissioner shall adopt regulations governing the preparation, revision, and content of specifications for supplies, services, professional services, and construction required by an agency. The commissioner shall monitor the use of these specifications. (b) Specification…
AS 36.30.070 Supply management.
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The commissioner shall adopt regulations governing the (1) management of supplies during their entire life cycle; (2) sale, lease, or disposal of surplus supplies by public auction, competitive sealed bidding, or other appropriate method; (3) purchase of surplus supplies by an em…
AS 36.30.080 Leases.
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(a) The Department of Transportation and Public Facilities shall lease space for the use of the state or an agency wherever it is necessary and feasible, subject to compliance with the requirements of this chapter. A lease may not provide for a period of occupancy greater than 40…
AS 36.30.083 Lease extensions authorized.
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(a) Notwithstanding any other provision of this chapter, the Department of Transportation and Public Facilities, the Board of Regents of the University of Alaska, the legislative council, or the court system may extend a real property lease that is entered into under this chapter…
AS 36.30.085 Lease-purchase agreements.
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(a) To perform its duties and statutory functions, the Department of Transportation and Public Facilities, the Board of Regents of the University of Alaska, the legislative council, or the supreme court may enter into lease-purchase agreements for real property. The Department of…
AS 36.30.086 Lease-purchase of personal property.
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(a) To perform its duties and statutory functions, an agency, the Board of Regents of the University of Alaska, the legislative council, the Legislative Budget and Audit Committee, the office of victims' rights, the office of the ombudsman, or the supreme court may enter into lea…
AS 36.30.090 Delivery of supplies. [Repealed, § 48 ch 137 SLA 1996.]
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[Repealed or reserved.]
AS 36.30.095 Procurement of paper. [Repealed, § 48 ch 137 SLA 1996.]
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Article 2. Competitive Sealed Bidding.
AS 36.30.100 General policy.
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(a) Except as otherwise provided in this chapter, or unless specifically exempted by law, an agency contract shall be awarded by competitive sealed bidding. (b) [Repealed, § 48 ch 137 SLA 1996.] (c) [Repealed, § 20 ch 102 SLA 1989.]
AS 36.30.110 Invitation to bid.
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(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, purchase description, and a description of all contractual terms and conditions applicable to the proc…
AS 36.30.115 Subcontractors for construction contracts.
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(a) Within five working days after the identification of the apparent low bidder for a construction contract, the apparent low bidder shall submit a list of the subcontractors the bidder proposes to use in the performance of the construction contract. The list must include the na…
AS 36.30.120 Bid security.
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(a) Bid security shall be required for all competitive sealed bidding for construction contracts when the price is estimated by the procurement officer to exceed an amount established by regulation of the commissioner. Bid security on construction contracts under the amount set b…
AS 36.30.130 Public notice of invitation to bid.
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(a) The procurement officer shall give adequate public notice of the invitation to bid at least 21 days before the date for the opening of bids. If the procurement officer determines in writing that a shorter notice period is advantageous for a particular bid and adequate competi…
AS 36.30.140 Bid opening.
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(a) The procurement officer shall open bids at the time and place designated in the invitation to bid. All bid openings are open to the public. The amount of each bid and other relevant information that is specified by regulation of the commissioner, together with the name of eac…
AS 36.30.150 Bid acceptance and bid evaluation.
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(a) Bids shall be unconditionally accepted without alteration or correction, except as authorized in AS 36.30.160. 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…
AS 36.30.160 Late bids; correction or withdrawal of bids; cancellation of awards.
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(a) Bids received after the bid due date and time indicated on the invitation to bid may not be accepted unless the delay was due to an error of the contracting agency. (b) Correction or withdrawal of inadvertently erroneous bids before or after bid opening, or cancellation of aw…
AS 36.30.170 Contract award after bids.
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After applying any preferences that apply under AS 36.15.050 and AS 36.30.321 — 36.30.338, a 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 a…
AS 36.30.175 Alaska veterans' preference. [Repealed, § 26 ch 59 SLA 2013. For current law, see AS 36.30.321.]
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[Repealed or reserved.]
AS 36.30.180 Purpose.
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The legislature finds that there exists in the state continuing high unemployment, underutilization of resident construction and supply firms, and high costs unfavorable to the welfare of Alaskans and to the economic health of the state. The purpose of bidder preference for resid…
AS 36.30.190 Multi-step sealed bidding.
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Article 3. Competitive Sealed Proposals. When it is considered impractical to initially prepare a definitive purchase description to support an award based on price, the procurement officer may issue an invitation to bid requesting the submission of unpriced technical offers to b…
AS 36.30.200 Conditions for use.
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(a) Except as otherwise provided in this chapter, or unless specifically exempted by law, an agency contract shall be awarded by competitive sealed proposals if it is not awarded by competitive sealed bidding. (b) The commissioner may provide by regulation that it is either not p…
AS 36.30.210 Request for proposals.
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(a) A request for competitive sealed proposals must contain the date, time, and place for delivering proposals, a specific description of the supplies, construction, services, or professional services to be provided under the contract, and the terms under which the supplies, cons…
AS 36.30.220 Standard overhead rate.
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(a) An agency that provides services to another agency under a contract covered by this chapter shall establish a standard overhead rate. If an agency submits a proposal in response to a request for competitive sealed proposals, the agency must include its standard overhead rate …
AS 36.30.230 Disclosure of proposals; return of proposals.
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(a) The procurement officer shall open proposals so as to avoid disclosure of contents to competing offerors before notice of intent to award a contract is issued. A register of proposals containing the name and address of each offeror shall be prepared in accordance with regulat…
AS 36.30.240 Discussion with responsible offerors and revisions to proposals.
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As provided in the request for proposals, and under regulations adopted by the commissioner, discussions may be conducted with responsible offerors who submit proposals determined to be reasonably susceptible of being selected for award for the purpose of clarification to assure …
AS 36.30.250 Award of contract.
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(a) 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 state taking into consideration price and the evaluation factors set out in t…
AS 36.30.260 Contract contents.
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A contract awarded under 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 dates for construction, services, or professional services to begin and be completed; (3) a description of the su…
AS 36.30.265 Multi-step sealed proposals.
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When it is considered impractical to initially prepare a definitive purchase description to support an award based on listed selection criteria, the procurement officer may issue an expression of interest requesting the submission of unpriced technical offers, and then later issu…
AS 36.30.270 Architectural, engineering, and land surveying contracts.
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Article 4. Other Procurement Methods. (a) Notwithstanding conflicting provisions of AS 36.30.100 — 36.30.260, a procurement officer shall negotiate a contract for an agency with the most qualified and suitable firm or person of demonstrated competence for architectural, engineeri…
AS 36.30.290 Electronic bids and proposals.
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An agency may allow bids or proposals to be submitted in electronic form under AS 09.80 (Uniform Electronic Transactions Act).
AS 36.30.300 Single source procurements.
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(a) A contract may be awarded for supplies, services, professional services, or construction without competitive sealed bidding, competitive sealed proposals, or other competition in accordance with regulations adopted by the commissioner. A contract may be awarded under this sec…
AS 36.30.305 Limited competition procurements.
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(a) A construction contract under $100,000, or a contract for supplies, services, or professional services, may be awarded without competitive sealed bidding or competitive sealed proposals, in accordance with regulations adopted by the commissioner. A contract may be awarded und…
AS 36.30.308 Innovative procurements.
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(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, in accordance with regulations adopted by the commissioner. A contract…
AS 36.30.309 Preconstruction services; construction manager general contractor contract.
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(a) The department may award by competitive sealed proposals a construction manager general contractor contract in which the department awards a two-phase contract for a construction manager to be responsible for providing preconstruction services during the design phase of the p…
AS 36.30.310 Emergency procurements.
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Procurements may be made under emergency conditions as defined in regulations adopted by the commissioner when there exists a threat to public health, welfare, or safety, when a situation exists that makes a procurement through competitive sealed bidding or competitive sealed pro…
AS 36.30.311 Employment and youth program procurements.
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A procurement of products manufactured or services provided by an employment program of the state or an accredited youth education and employment program may be made without competitive sealed bidding or competitive sealed proposals, in accordance with regulations adopted by the …
AS 36.30.313 Procurements provided through employment of prison inmates.
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A procurement of products or services provided through the employment of prison inmates under AS 33.30.191 may be made without competitive sealed bidding or competitive sealed proposals, in accordance with regulations adopted by the commissioner.
AS 36.30.315 Determinations; false statements; criminal penalty.
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(a) In a determination made by a state official under AS 36.30.300 — 36.30.310, the state official making the determination shall independently examine the material facts of the procurement and independently determine whether the procurement is eligible for the procurement method…
AS 36.30.320 Small procurements.
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Article 5. Preferences. (a) A procurement for supplies, services, or professional services that does not exceed an aggregate dollar amount of $100,000, construction that does not exceed an aggregate dollar amount of $200,000, or lease of space that does not exceed 7,000 square fe…
AS 36.30.321 Alaska bidder and related preferences.
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(a) If the bidder or offeror is an Alaska bidder, a five percent preference shall be applied to the price in the bid or proposal. (b) Except as otherwise provided in (d), (e), or (g) of this section, if a bidder or offeror qualifies as an Alaska bidder and is offering services th…
AS 36.30.322 Use of local forest products.
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(a) Only timber, lumber, and manufactured lumber products originating in this state from Alaska forests may be procured by an agency or used in construction projects of an agency unless (1) the manufacturers and suppliers who have notified the commissioner of commerce, community,…
AS 36.30.324 Use of Alaska products and recycled Alaska products.
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Alaska products shall be used whenever practicable in procurements for an agency. Recycled Alaska products shall be used when they are of comparable quality, of equivalent price, and appropriate for the intended use.
AS 36.30.326 Contract specifications.
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Contract specifications for a procurement for an agency must include a provision that a bidder or offeror that designates in a bid or proposal the use of Alaska products identified in the specifications will receive the preference granted under AS 36.30.328 in the evaluation of t…