reglab/housing_qa huggingface dataset:
AK Stat § 36.30.309 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 4. Other Procurement Methods.|Sec. 36.30.309. Preconstruction services; construction manager general contractor contract.

(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 project and, if an agreed-on price for constructing the project is reached, general contractor services during the construction phase. The department may award the contractor providing preconstruction services under the contract with the second phase of the contract to provide construction services in accordance with this section and regulations adopted by the commissioner of transportation and public facilities without any further competitive sealed bidding or competitive sealed proposal process. (b) A contractor awarded a construction manager general contractor contract under this section is responsible for providing preconstruction services for the applicable project. Once awarded a construction manager general contractor contract, the contractor may negotiate with the department to provide construction services for the applicable project. If the contractor and the department reach an agreed-on price for the construction services under the second phase of the contract, the department shall award the contractor phase two of the contract to provide construction services. (c) If the contractor providing preconstruction services and the department do not agree on a price for providing construction services, the department may seek an alternative contractor using a process authorized under this chapter. The department may prohibit the contractor providing preconstruction services from participating in the subsequent process. (d) In this section, “department” means the Department of Transportation and Public Facilities.
AK Stat § 36.30.310 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 4. Other Procurement Methods.|Sec. 36.30.310. Emergency procurements.

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 proposals impracticable or contrary to the public interest, or to protect public or private property. An emergency procurement need not be made through competitive sealed bidding or competitive sealed proposals but shall be made with competition that is practicable under the circumstances. A written determination by the chief procurement officer of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file. The written determination must include findings of fact that support the determination. Except when there is insufficient time for the chief procurement officer to make the written determination required by this section, the chief procurement officer may not delegate the authority to make the determination.
AK Stat § 36.30.311 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 4. Other Procurement Methods.|Sec. 36.30.311. Employment and youth program procurements.

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.
AK Stat § 36.30.313 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 4. Other Procurement Methods.|Sec. 36.30.313. Procurements provided through employment of prison inmates.

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.
AK Stat § 36.30.315 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 4. Other Procurement Methods.|Sec. 36.30.315. Determinations; false statements; criminal penalty.

(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.
AK Stat § 36.30.320 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 4. Other Procurement Methods.|Sec. 36.30.320. Small procurements.

(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.
AK Stat § 36.30.322 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 5. Preferences.|Sec. 36.30.322. Use of local forest products.

(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, and economic development of their willingness to manufacture or supply Alaska forest products have been given reasonable notice of the forest product needs of the procurement or project; and (2) a manufacturer or supplier who has notified the commissioner of commerce, community, and economic development of its willingness to manufacture or supply Alaska forest products is not the low bidder after all applicable preferences have been applied to the price of the qualifying forest product under AS 36.30.336. (b) The provisions of AS 36.30.326 - 36.30.332 do not apply to procurements of timber, lumber, and manufactured lumber products or the use of those items in construction projects of an agency. (c) During the period of performance of a state contract, the contractor shall maintain records showing efforts made in using Alaska forest products or evidence of Alaska forest products not being available or reasonably competitive. The contractor shall provide the records to the procurement officer on a periodic basis, as required by regulations adopted by the commissioner of commerce, community, and economic development.
AK Stat § 36.30.324 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 5. Preferences.|Sec. 36.30.324. Use of Alaska products and recycled Alaska products.

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.
AK Stat § 36.30.326 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 5. Preferences.|Sec. 36.30.326. Contract specifications.

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 the bid or proposal if the designated Alaska products meet the contract specifications.
AK Stat § 36.30.328 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 5. Preferences.|Sec. 36.30.328. Grant of Alaska products preference.

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 percentage of the value of the designated Alaska products under AS 36.30.332.
AK Stat § 36.30.330 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 5. Preferences.|Sec. 36.30.330. Penalty for failing to use designated products.

(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 reduced according to the following schedule: (1) for a Class I designated Alaska product - four percent; (2) for a Class II designated Alaska product - six percent; (3) for a Class III designated Alaska product - eight percent. (b) A person is not a responsible bidder or offeror if, in the preceding three years, the person has twice designated the use of an Alaska product in a bid or proposal for a procurement for an agency and has each time failed to use the designated Alaska product for reasons within the control of the bidder or offeror. (c) The procurement officer shall report to the commissioner of commerce, community, and economic development each contractor penalized under (a) of this section. The commissioner of commerce, community, and economic development shall maintain a list of contractors determined not to be responsible bidders under (b) of this section.
AK Stat § 36.30.331 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 5. Preferences.|Sec. 36.30.331. Delivery of supplies.

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 delivery location and must state that the price is the delivered price at that location.
AK Stat § 36.30.332 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 5. Preferences.|Sec. 36.30.332. Classification of Alaska products.

(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 qualifies as a recycled Alaska product. The commissioner shall publish a list of the products annually. A supplier may request inclusion of its product on the appropriate list. (b) Materials and supplies with value added in the state that are (1) more than 25 percent and less than 50 percent produced or manufactured in the state are Class I products; (2) 50 percent or more and less than 75 percent produced or manufactured in the state are Class II products; and (3) 75 percent or more produced or manufactured in the state are Class III products. (c) In a bid or proposal evaluation a (1) Class I product is given a three percent preference; (2) Class II product is given a five percent preference; (3) Class III product is given a seven percent preference.
AK Stat § 36.30.333 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 5. Preferences.|Sec. 36.30.333. Procurement of paper.

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 application of the procurement preference under AS 36.30.337, the recycled paper is more expensive than the nonrecycled paper.
AK Stat § 36.30.334 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 5. Preferences.|Sec. 36.30.334. Identification of Alaska products.

An agency may identify specific Alaska products for use in making a procurement.
AK Stat § 36.30.336 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 5. Preferences.|Sec. 36.30.336. Application of preferences.

(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 qualifies for the same preferences. (b) Notwithstanding the other provisions of this chapter, AS 36.30.321 - 36.30.338 apply to all procurements subject to this chapter, except as provided in AS 36.15.050(h) and AS 36.30.322(b).
AK Stat § 36.30.337 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 5. Preferences.|Sec. 36.30.337. Procurement preference for recycled products.

(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 section is in addition to other preferences allowed for the procurement. (c) The department shall establish the minimum percentage of recycled content that will qualify a product as a recycled product under (a) of this section.
AK Stat § 36.30.338 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 5. Preferences.|Sec. 36.30.338. Definitions.

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.
AK Stat § 36.30.340 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 6. Contract Formation and Modification.|Sec. 36.30.340. Review and approval by the Attorney General.

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.
AK Stat § 36.30.350 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 6. Contract Formation and Modification.|Sec. 36.30.350. Solicitation cancellation, bid and proposal rejection, and delay of opening bid or proposal.

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.
AK Stat § 36.30.360 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 6. Contract Formation and Modification.|Sec. 36.30.360. Determination of nonresponsibility.

(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 inquiry with respect to responsibility is grounds for a determination of nonresponsibility with respect to the bidder or offeror. (b) Information furnished by a bidder or offeror under (a) of this section is confidential and may not be disclosed without prior written consent by the bidder or offeror.
AK Stat § 36.30.362 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 6. Contract Formation and Modification.|Sec. 36.30.362. Award of a contract to a nonresident.

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 have been obtained from sources in the state, the procurement officer shall issue a written statement explaining the basis of the award. The statement required under this section shall be kept in the contract file.
AK Stat § 36.30.365 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 6. Contract Formation and Modification.|Sec. 36.30.365. Notice of intent to award a contract.

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 bidder or offeror notice of intent to award a contract. The notice must conform to regulations adopted by the commissioner.
AK Stat § 36.30.370 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 6. Contract Formation and Modification.|Sec. 36.30.370. Permissible types of contracts.

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.
AK Stat § 36.30.390 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 6. Contract Formation and Modification.|Sec. 36.30.390. Contract term and cancellation.

(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 included in the solicitation and funds are available for the first fiscal period at the time of contracting. Payment and performance obligations for succeeding fiscal periods shall be subject to the availability and appropriation of funds for them. (b) Before using a multi-term contract, the procurement officer shall determine in writing that (1) estimated requirements cover the period of the contract and are reasonably firm and continuing; and (2) the contract will serve the best interests of the state by encouraging effective competition or otherwise promoting economies in state procurement. (c) When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, the contract shall be cancelled. The contractor may only be reimbursed for the reasonable value of any nonrecurring costs incurred but not amortized in the price of the supplies, services, or professional services delivered under the contract that are not otherwise recoverable. The cost of cancellation may be paid from any appropriations available for these purposes.
AK Stat § 36.30.400 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 6. Contract Formation and Modification.|Sec. 36.30.400. Required cost and pricing data and contract provisions.

(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 knowledge and belief, the data submitted is accurate, complete, and current as of a mutually determined specified date and will continue to be accurate and complete during the performance of the contract. (b) When a contractor becomes aware of a situation that may form the basis of a claim for compensation that exceeds the amount designated as the base amount of the contract and before performing additional work or supplying additional materials, the contractor shall submit cost and pricing data on the additional work or materials. The contractor shall certify that, to the best of the contractor's knowledge and belief, the data submitted is accurate, complete, and current and is the actual cost to the contractor of performing the additional work or supplying the additional materials. (c) A contract, change order, or contract modification under which a certificate is required under (a) or (b) of this section must contain a provision that the price to the state, including the contractor's profit or fee, will be adjusted to exclude any significant sums by which the state finds that the price is increased because the cost or pricing data furnished by the contractor or prospective contractor is inaccurate, incomplete, or not current as of the date agreed upon by the parties. (d) The requirements of (a) of this section do not apply when (1) the contract price is based on adequate price competition; (2) the contract price is set by law or regulation; or (3) it is determined by the procurement officer in writing and in accordance with regulations adopted by the commissioner that the requirements of (a) of this section may be waived, and the reasons for waiver are stated.
AK Stat § 36.30.410 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 6. Contract Formation and Modification.|Sec. 36.30.410. Right to inspect plant.

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.