Alaska Stat. § 36.30.338 — AK Code / Title 36 / Chapter 36.30 / Section 36.30.338
Definitions.
Status: in_force

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 means processing, developing, or making an item into a new item with a distinct character and use through the application within the state of materials, labor, skill, or other services;

(3) product means materials or supplies but does not include gravel and asphalt;

(4) recycled Alaska product means an Alaska product of which not less than 50 percent of the value of the product consists of a product that was previously used in another product, if the recycling process is done in the state.
Alaska Stat. § 36.30.470 — AK Code / Title 36 / Chapter 36.30 / Section 36.30.470
Fiscal effects of construction contract modifications.
Status: in_force

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 or the contract, or other official responsible for monitoring and reporting upon the status of the costs of the total project budget or contract budget, as to the effect of the contract modification, change order, or adjustment in contract price on the total project budget or the total contract budget. If the certification of the fiscal officer or other responsible official discloses a resulting increase in the total project budget or the total contract budget, the procurement officer may not approve the contract modification, change order, or adjustment in contract price unless sufficient funds are available, or the scope of the project or contract is adjusted to permit the degree of completion that is feasible within the total project budget or total contract budget as it existed before the contract modification, change order, or adjustment in contract price under consideration. A contract modification, change order, or adjustment in contract that is signed by both parties and has been reasonably relied on by a contractor is presumed to be valid even if the provisions of this section have not been met.
Alaska Stat. § 36.30.615 — AK Code / Title 36 / Chapter 36.30 / Section 36.30.615
Hearing on protest appeal.
Status: in_force

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 .
Alaska Stat. § 36.30.740 — AK Code / Title 36 / Chapter 36.30 / Section 36.30.740
Information relating to procurement needs.
Status: in_force

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 also collect this information from local public procurement units. The commissioner may make this information available to a public procurement unit upon request.
Alaska Stat. § 36.30.790 — AK Code / Title 36 / Chapter 36.30 / Section 36.30.790
Definitions.
Status: in_force

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 activity means a buying organization not located in this state that, if located in this state, would qualify as a public procurement unit; an agency of the United States is an external procurement activity;

(3) local public procurement unit means a municipality or other subdivision of the state or other entity that expends public funds for the procurement of supplies, services, professional services, and construction, and any nonprofit corporation operating a charitable hospital;

(4) public procurement unit means either a local public procurement unit or a state public procurement unit;

(5) state public procurement unit means the Department of Administration and any other contracting agency of the state.

Article 10. General Provisions.
Alaska Stat. § 36.30.120 — AK Code / Title 36 / Chapter 36.30 / Section 36.30.120
Bid security.
Status: in_force

(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 by the commissioner may be required when the circumstances warrant. Bid security may be required for competitive sealed bidding for contracts for supplies, services, or professional services in accordance with regulations of the commissioner when needed for the protection of the state.

(b) Bid security must be a bond provided by a surety company authorized to do business in the state or otherwise supplied in a form satisfactory to the commissioner. Bid security must be in an amount equal to at least five percent of the amount of the bid.

(c) When the invitation to bid requires security, the procurement officer shall reject a bid that does not comply with the bid security requirement unless, in accordance with regulations, the officer determines that the bid fails to comply in a nonsubstantial manner with the security requirements.
Alaska Stat. § 36.30.645 — AK Code / Title 36 / Chapter 36.30 / Section 36.30.645
Written determinations.
Status: in_force

(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 inform the suspended person of rights to administrative and judicial appeal.

(b) A copy of the decision under (a) of this section shall be mailed or otherwise furnished immediately to the debarred or suspended person and any other intervening party.
Alaska Stat. § 36.30.320 — AK Code / Title 36 / Chapter 36.30 / Section 36.30.320
Small procurements.
Status: reserved

(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 feet shall be made under regulations adopted by the commissioner for small procurements.

(b) [Repealed, § 48 ch 137 SLA 1996.] (c) Small procurements need not be made through competitive sealed bidding or competitive sealed proposals but shall be made with competition that is practicable under the circumstances.

(d) Procurement requirements may not be artificially divided or fragmented so as to constitute a purchase under this section or to circumvent the source selection procedures required by AS 36.30.100  36.30.270.

(e) The procurement officer shall give adequate public notice of intent to make a procurement under this section in accordance with regulations adopted by the commissioner.

Article 5. Preferences.
Alaska Stat. § 36.10.090 — AK Code / Title 36 / Chapter 36.10 / Section 36.10.090
Publication of list of violators.
Status: in_force

(a) The commissioner of labor and workforce development shall distribute to all departments and agencies of the state government and to all political subdivisions of the state a list of the names of persons or firms convicted of a violation of this chapter. A person appearing on the list or a firm, corporation, partnership, or association in which the person has an interest may not work as a contractor or subcontractor on a public construction contract for the state or a political subdivision until after three years from the date of publication of the list.

(b) A local government or school district covered by the provisions of this chapter that is found to be in violation of these provisions may be required to forfeit all or part of the state aid made available for the project in which the violation occurs and in addition may be denied up to 12 months of state community assistance or public school funding. A state department or agency head found to be in violation of this chapter may be required to forfeit the position of department or agency head.

(c) A person or governmental entity covered by the provisions of (b) of this section who is not satisfied by a decision of the Department of Labor and Workforce Development may, as the final administrative process, appeal the decision to a committee consisting of the commissioners of transportation and public facilities, labor, and workforce development, and administration. The commissioner of transportation and public facilities is the chairman of the committee. A quorum for conducting business is three members and any decision made must be supported by a majority of the committee members. The committee may, upon a showing of hardship, waive all or any part of the penalty provisions of this chapter.
Alaska Stat. § 36.30.315 — AK Code / Title 36 / Chapter 36.30 / Section 36.30.315
Determinations; false statements; criminal penalty.
Status: in_force

(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 requested.

(b) If a state official knowingly makes a false statement in a determination made under AS 36.30.300  36.30.310, the state official is guilty of a class A misdemeanor.
Alaska Stat. § 36.30.250 — AK Code / Title 36 / Chapter 36.30 / Section 36.30.250
Award of contract.
Status: reserved

(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 the request for proposals. Other factors and criteria may not be used in the evaluation. The contract file must contain the basis on which the award is made.

(b) [Repealed, § 26 ch 59 SLA 2013.] (c) Notwithstanding (a) of this section, the Department of Transportation and Public Facilities may include factors in addition to price as evaluation factors when awarding a construction manager general contractor contract under AS 36.30.309 .
Alaska Stat. § 36.95.010 — AK Code / Title 36 / Chapter 36.95 / Section 36.95.010
Definitions.
Status: in_force

In this title, unless the context requires otherwise, (1) contractor means the contractor including subcontractors performing work necessary to facilitate public construction;

(2) laborer, mechanic, or field surveyor means a person who engages in work that is basically physical or unskilled in nature; or who engages in work, requiring the use of tools or machines, that basically consists of the shaping and working of materials into some type of structure, machine, or other object; or who engages in outdoor tasks related to the operation of findings and delineating contour, dimensions, position, topography, as of any part of the earth's surface, by preparation of measured plan or description of any area or other portion of country or of road or line through any area or other portion of country;

(3) public construction or public works means the on-site field surveying, erection, rehabilitation, alteration, extension or repair, including painting or redecorating of buildings, highways, or other improvements to real property under contract for the state, a political subdivision of the state, or a regional school board;

(4) resident means a person who establishes residency under AS 01.10.055 ;

(5) retainage means money withheld from a contractor until completion of a contract or satisfaction of other contingency as evidenced by approval of the applicable pay estimate;

(6) state or a political subdivision of the state means any state department, state agency, state university, borough, city, village, school district or other state subdivision;

(7) wages includes fringe benefits.
Alaska Stat. § 36.05.060 — AK Code / Title 36 / Chapter 36.05 / Section 36.05.060
Penalty for violation of this chapter.
Status: in_force

A contractor who violates this chapter is guilty of a misdemeanor and upon conviction is punishable by a fine of not less than $100 nor more than $1,000, or by imprisonment for not less than 10 days nor more than 90 days, or by both. Each day a violation exists constitutes a separate offense.
Alaska Stat. § 36.30.600 — AK Code / Title 36 / Chapter 36.30 / Section 36.30.600
Stay of award during protest appeal.
Status: in_force

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, makes a written determination that the award of the contract without further delay is necessary to protect substantial interests of the state.
Alaska Stat. § 36.30.110 — AK Code / Title 36 / Chapter 36.30 / Section 36.30.110
Invitation to bid.
Status: in_force

(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 procurement.

(b) The bidder shall have a valid Alaska business license at the time the contract is awarded. To qualify as an Alaska bidder under AS 36.30.321 , a bidder shall have a valid Alaska business license at the time designated in the invitation to bid for bid opening. A bidder for a construction contract shall also submit proof of the bidder's registration under AS 08.18 before the contract may be awarded.

(c) If the commissioner of transportation and public facilities makes a written finding that the release of the estimated cost of a construction contract would adversely affect the state's ability to obtain the best competitive bid, the estimated cost is confidential information and may not be released to the public before bid opening.
Alaska Stat. § 36.30.550 — AK Code / Title 36 / Chapter 36.30 / Section 36.30.550
Applicability of protest and appeal procedures.
Status: in_force

(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 regulations providing for protest and appeal procedures of small procurements made under AS 36.30.320 .
Alaska Stat. § 36.10.180 — AK Code / Title 36 / Chapter 36.10 / Section 36.10.180
Projects subject to preference.
Status: in_force

(a) The preferences established in AS 36.10.150  36.10.175 apply to work performed (1) under a contract for construction, repair, preliminary surveys, engineering studies, consulting, maintenance work, or any other retention of services necessary to complete a given project that is let by the state or an agency of the state, a department, office, state board, commission, public corporation, or other organizational unit of or created under the executive, legislative, or judicial branch of state government, including the University of Alaska and the Alaska Railroad Corporation, or by a political subdivision of the state including a regional school board with respect to an educational facility under AS 14.11.020 ;

(2) on a public works project under a grant to a municipality under AS 37.05.315 or AS 37.06.010 ;

(3) on a public works project under a grant to a named recipient under AS 37.05.316 ;

(4) on a public works project under a grant to an unincorporated community under AS 37.05.317 or AS 37.06.020 ; and

(5) on any other public works project or construction project that is funded in whole or in part by state money.

(b) If the governor has declared an area to be an area impacted by an economic disaster under AS 44.33.285 , then the preference for residents of the area established under AS 44.33.285  44.33.310 supersedes the preference under AS 36.10.150  36.10.175 for contracts awarded by the state.

(c) The commissioner shall define the boundaries of a zone within which a preference applies.
Alaska Stat. § 36.05.005 — AK Code / Title 36 / Chapter 36.05 / Section 36.05.005
Applicability.
Status: in_force

This chapter applies only to a public construction contract that exceeds $25,000.
Alaska Stat. § 36.05.040 — AK Code / Title 36 / Chapter 36.05 / Section 36.05.040
Filing schedule of employees, wages paid, and other information.
Status: in_force

All contractors or subcontractors who perform work on a public construction contract for the state or for a political subdivision of the state shall, before the Friday of every second week, file with the Department of Labor and Workforce Development a sworn affidavit for the previous reporting period, setting out in detail the number of persons employed, wages paid, job classification of each employee, hours worked each day and week, and other information on a form provided by the Department of Labor and Workforce Development.
Alaska Stat. § 36.90.260 — AK Code / Title 36 / Chapter 36.90 / Section 36.90.260
Miscellaneous provisions.
Status: in_force

(a) In AS 36.90.210  36.90.290, (1) a payment is considered to be made when mailed or personally delivered to the party being paid;

(2) a payment is considered to be received when it is endorsed for payment, if it is a check;

(3) an invoice is considered to be received when it is date-stamped or otherwise marked as delivered; if the invoice is not date-stamped or otherwise marked as delivered, the date of the invoice is considered to be the date when the invoice is received.

(b) A political subdivision that receives a state grant for a public construction or public works project may use money from the state grant to pay the interest under AS 36.90.200  36.90.290.
Alaska Stat. § 36.30.575 — AK Code / Title 36 / Chapter 36.30 / Section 36.30.575
Stay of award.
Status: in_force

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.
Alaska Stat. § 36.30.750 — AK Code / Title 36 / Chapter 36.30 / Section 36.30.750
Contract claims of other procurement units.
Status: in_force

(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 36.30.560  36.30.699 may enter into an agreement with another local public procurement unit or external procurement activity to establish procedures or use that unit's or activity's existing procedures to resolve claims with contractors, whether or not the claim arose under a cooperative purchasing agreement.
Alaska Stat. § 36.10.170 — AK Code / Title 36 / Chapter 36.10 / Section 36.10.170
Preference for economically disadvantaged minority residents.
Status: in_force

(a) Immediately following a determination by the commissioner that the minority residents of a zone are economically disadvantaged, and for the next two fiscal years after the determination, qualified minority residents of the zone who are eligible under AS 36.10.140 shall be given preference in hiring for at least 25 percent, or a percent representative of the civilian minority residents in the zone, whichever is greater, of employment on each project under AS 36.10.180 that is wholly or partially sited within the zone. The preference applies on a craft-by-craft or occupational basis.

(b) The commissioner shall determine that the minority residents of a zone are economically disadvantaged if the commissioner finds that (1) the percentage of civilian minority residents in the zone exceeds the percentage of civilian minority residents in the state;

(2) either the percent of unemployment of civilian minority residents of the zone is at least two times the percent of unemployment of nonminority residents of the zone or the civilian minority population of the zone has suffered past economic discrimination;

(3) the economic disadvantage of civilian minority residents of the zone has substantially contributed to serious social or economic problems in the zone; and

(4) employment of workers who are not residents is a peculiar source of unemployment of civilian minority residents of the zone.

(c) In this section, a person is considered to be a member of a minority if the person is Hispanic, Asian or Pacific Islander, American Indian or Alaskan Native, or Black as those terms are defined by the Equal Employment Opportunity Commission.
Alaska Stat. § 36.25.010 — AK Code / Title 36 / Chapter 36.25 / Section 36.25.010
Bonds of contractors for public buildings or works.
Status: in_force

(a) Except as provided in AS 44.33.300 , before a contract exceeding $100,000 for the construction, alteration, or repair of a public building or public work of the state or a political subdivision of the state is awarded to a general or specialty contractor, the contractor shall furnish to the state or a political subdivision of the state the following bonds, which become binding upon the award of the contract to that contractor: (1) a performance bond with a corporate surety qualified to do business in the state, or at least two individual sureties who shall each justify in a sum equal to the amount of the bond; the amount of the performance bond shall be equivalent to the amount of the payment bond;

(2) a payment bond with a corporate surety qualified to do business in the state, or at least two individual sureties who shall each justify in a sum equal to the amount of the bond for the protection of all persons who supply labor and material in the prosecution of the work provided for in the contract; when the total amount payable by the terms of the contract is not more than $1,000,000, the payment bond shall be in a sum of one-half the total amount payable by the terms of the contract; when the total amount payable by the terms of the contract is more than $1,000,000 and not more than $5,000,000, the payment bond shall be in a sum of 40 percent of the total amount payable by the terms of the contract; when the total amount payable by the terms of the contract is more than $5,000,000, the payment bond shall be in the sum of $2,500,000.

(b) This section does not limit the authority of a contracting officer to require a performance bond or other security in addition to those, or in cases other than the cases specified in (a) of this section.

(c) When no payment bond has been furnished, the contracting department may not approve final payments to the contractor until the contractor files a written certification that all persons who supplied labor or material in the prosecution of the work provided for in the contract have been paid.
Alaska Stat. § 36.30.675 — AK Code / Title 36 / Chapter 36.30 / Section 36.30.675
Recommended decision and commissioner action.
Status: in_force

(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 commissioner of administration or the commissioner of transportation and public facilities may affirm, modify, or reject the hearing officer's recommendation in whole or in part, may remand the matter to the hearing officer with instructions, or take other appropriate action.
Alaska Stat. § 36.30.950 — AK Code / Title 36 / Chapter 36.30 / Section 36.30.950
Severability.
Status: in_force

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 end the provisions of this chapter are declared severable.
Alaska Stat. § 36.30.640 — AK Code / Title 36 / Chapter 36.30 / Section 36.30.640
Causes for debarment or suspension.
Status: in_force

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 federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or other offense indicating a lack of business integrity or business honesty that currently and seriously affects responsibility as a state contractor;

(3) conviction or civil judgment finding a violation under state or federal antitrust statutes;

(4) violation of contract provisions of a character that is regarded by the commissioner to be so serious as to justify debarment action, such as (A) knowing failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract; or

(B) failure to perform or unsatisfactory performance in accordance with the terms of one or more contracts, except that failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor may not be considered to be a basis for debarment;

(5) for violation of the ethical standards set out in law or regulation;

(6) for a violation of this chapter punishable under AS 36.30.930 (2); and

(7) any other cause listed in regulations of the commissioner determined to be so serious and compelling as to affect responsibility as a state contractor, including debarment by another governmental entity for a cause listed in the regulations.
Alaska Stat. § 36.30.570 — AK Code / Title 36 / Chapter 36.30 / Section 36.30.570
Notice of a protest.
Status: in_force

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.
Alaska Stat. § 36.05.010 — AK Code / Title 36 / Chapter 36.05 / Section 36.05.010
Wage rates on public construction.
Status: in_force

A contractor or subcontractor who performs work on a public construction contract in the state shall pay not less than the current prevailing rate of wages for work of a similar nature in the region in which the work is done. The current prevailing rate of wages is that contained in the latest determination of prevailing rate of wages issued by the Department of Labor and Workforce Development at least 10 days before the final date for submission of bids for the contract. The rate shall remain in effect for the life of the contract or for 24 calendar months, whichever is shorter. At the end of the initial 24-month period, if new wage determinations have been issued by the department, the latest wage determination shall become effective for the next 24-month period or until the contract is completed, whichever occurs first. This process shall be repeated until the contract is completed.
Alaska Stat. § 36.30.920 — AK Code / Title 36 / Chapter 36.30 / Section 36.30.920
Reporting of anticompetitive practices.
Status: in_force

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.
Alaska Stat. § 36.30.311 — AK Code / Title 36 / Chapter 36.30 / Section 36.30.311
Employment and youth program procurements.
Status: in_force

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 commissioner.
Alaska Stat. § 36.30.632 — AK Code / Title 36 / Chapter 36.30 / Section 36.30.632
Delegation.
Status: in_force

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.
Alaska Stat. § 36.30.100 — AK Code / Title 36 / Chapter 36.30 / Section 36.30.100
General policy.
Status: reserved

(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.]
Alaska Stat. § 36.30.170 — AK Code / Title 36 / Chapter 36.30 / Section 36.30.170
Contract award after bids.
Status: in_force

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 all material respects to the requirements and criteria set out in the invitation to bid.
Alaska Stat. § 36.30.350 — AK Code / Title 36 / Chapter 36.30 / Section 36.30.350
Solicitation cancellation, bid and proposal rejection, and delay of opening bid or proposal.
Status: in_force

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 regulations adopted by the commissioner. The reasons for cancellation, rejection, or delay in opening bids or proposals shall be made part of the contract file.
Alaska Stat. § 36.30.995 — AK Code / Title 36 / Chapter 36.30 / Section 36.30.995
Short title.
Status: in_force

This chapter may be cited as the State Procurement Code.