Title 36 — Public Contracts
9 chapters · 210 sections in this title.
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…
AS 36.30.328 Grant of Alaska products preference.
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In the evaluation of a bid or proposal for a procurement for an agency, a bid or offer that designates the use of Alaska products identified in the contract specifications and designated as Class I, Class II, or Class III state products under AS 36.30.332 is decreased by the perc…
AS 36.30.330 Penalty for failing to use designated products.
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(a) If a successful bidder or offeror who designates the use of an Alaska product in a bid or proposal for a procurement for an agency fails to use the designated product for a reason within the control of the successful bidder or offeror, each payment under the contract shall be…
AS 36.30.331 Delivery of supplies.
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Supplies purchased under this chapter shall be delivered at a location within the state unless the department determines that a point of delivery outside the state would be in the best interest of the state. A bid or proposal involving the procurement of supplies must specify the…
AS 36.30.332 Classification of Alaska products.
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(a) The commissioner of commerce, community, and economic development shall adopt regulations establishing the value added in the state for materials and supplies produced or manufactured in the state that are used in a state procurement and establishing whether a product qualifi…
AS 36.30.333 Procurement of paper.
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Except as otherwise required under AS 36.15.050, AS 36.30.322 — 36.30.332, and 36.30.334 — 36.30.338, when a state agency purchases paper, at least 25 percent of the quantity purchased must be recycled paper unless recycled paper is not available for the purchase or unless, after…
AS 36.30.334 Identification of Alaska products.
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An agency may identify specific Alaska products for use in making a procurement.
AS 36.30.335 Relationship to other product preferences. [Repealed, § 26 ch 59 SLA 2013.]
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[Repealed or reserved.]
AS 36.30.336 Application of preferences.
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(a) Except as provided in AS 36.15.050(g) and AS 36.30.321(g), the preferences provided in AS 36.15.050 and AS 36.30.321 — 36.30.338 are cumulative. A bidder who would otherwise qualify for preferences under AS 36.30.321 may not be given a preference over another bidder who quali…
AS 36.30.337 Procurement preference for recycled products.
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(a) In the evaluation of a bid or proposal for an agency procurement of products, the agency shall decrease the bid or proposal by five percent if the bid or proposal indicates that the products being purchased will be recycled products. (b) A decrease made under (a) of this sect…
AS 36.30.338 Definitions.
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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”…
AS 36.30.339 [Renumbered as AS 36.30.337.]
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Article 6. Contract Formation and Modification.
AS 36.30.340 Review and approval by the Attorney General.
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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.
AS 36.30.350 Solicitation cancellation, bid and proposal rejection, and delay of opening bid or proposal.
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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…
AS 36.30.360 Determination of nonresponsibility.
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(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…
AS 36.30.362 Award of a contract to a nonresident.
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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…
AS 36.30.365 Notice of intent to award a contract.
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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…
AS 36.30.370 Permissible types of contracts.
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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.
AS 36.30.380 Approval of accounting system. [Repealed, § 24 ch 65 SLA 1987.]
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[Repealed or reserved.]
AS 36.30.390 Contract term and cancellation.
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(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…
AS 36.30.400 Required cost and pricing data and contract provisions.
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(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…
AS 36.30.410 Right to inspect plant.
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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.
AS 36.30.420 Right to audit records.
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(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…
AS 36.30.430 Contract clauses.
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(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…
AS 36.30.460 Modification of standard clauses.
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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) …
AS 36.30.470 Fiscal effects of construction contract modifications.
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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…
AS 36.30.480 Establishment and modification of cost principles.
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Article 7. Procurement Records and Reports. 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…
AS 36.30.500 Retention of procurement records.
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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.
AS 36.30.510 Records of contracts awarded under competitive sealed proposals.
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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.…
AS 36.30.520 Records of single source and emergency procurements.
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(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…
AS 36.30.522 Records of innovative procurements.
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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…
AS 36.30.530 Public access to procurement information.
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Procurement information is public except as otherwise provided by law.
AS 36.30.540 Procurement report.
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Article 8. Legal and Contractual Remedies. 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…
AS 36.30.550 Applicability of protest and appeal procedures.
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(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…
AS 36.30.560 Filing of a protest.
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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…
AS 36.30.565 Time for filing a protest.
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(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 …
AS 36.30.570 Notice of a protest.
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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.
AS 36.30.575 Stay of award.
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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.
AS 36.30.580 Decision by the procurement officer.
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(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…
AS 36.30.585 Protest remedies.
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(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…
AS 36.30.590 Appeal on a protest.
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(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…
AS 36.30.595 Notice and copy of a protest appeal.
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(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 …
AS 36.30.600 Stay of award during protest appeal.
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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…
AS 36.30.605 Protest report and comments.
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(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 …
AS 36.30.610 Decision without hearing.
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(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…
AS 36.30.615 Hearing on protest appeal.
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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.
AS 36.30.620 Contract claims.
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(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…
AS 36.30.623 Interest on certain claims.
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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…