reglab/housing_qa huggingface dataset:
AK Stat § 36.30.420 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 6. Contract Formation and Modification.|Sec. 36.30.420. Right to audit records.

(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 contract modification for which cost or pricing data is required, shall maintain books and records that relate to the cost or pricing data for three years after the date of final payment under the contract, unless a shorter period is authorized in writing by the commissioner. (b) The state may audit the books and records of a contractor or a subcontractor to the extent that the books and records relate to the performance of the contract or subcontract. Books and records shall be maintained by the contractor for a period of three years after the date of final payment under the prime contract and by the subcontractor for a period of three years after the date of final payment under the subcontract, unless a shorter period is authorized in writing by the commissioner.
AK Stat § 36.30.430 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 6. Contract Formation and Modification.|Sec. 36.30.430. Contract clauses.

(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 contracts of clauses providing for appropriate remedies and covering the following subjects: (1) liquidated damages; (2) specified excuses for delay or nonperformance; (3) termination of the contract for default; and (4) termination of the contract in whole or in part for the convenience of the state.
AK Stat § 36.30.460 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 6. Contract Formation and Modification.|Sec. 36.30.460. Modification of standard clauses.

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) approval required by AS 36.30.340 is obtained.
AK Stat § 36.30.470 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 6. Contract Formation and Modification.|Sec. 36.30.470. Fiscal effects of construction contract modifications.

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.
AK Stat § 36.30.480 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 6. Contract Formation and Modification.|Sec. 36.30.480. Establishment and modification of cost principles.

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 approved at a level above the procurement officer, the cost principles may be modified by contract.
AK Stat § 36.30.500 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 7. Procurement Records and Reports.|Sec. 36.30.500. Retention of procurement records.

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.
AK Stat § 36.30.510 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 7. Procurement Records and Reports.|Sec. 36.30.510. Records of contracts awarded under competitive sealed proposals.

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. The file kept by the contracting agency must contain (1) a copy of the contract; (2) the register of proposals prepared under AS 36.30.230 and a copy of each proposal submitted; and (3) the written determination to award the contract prepared under AS 36.30.250.
AK Stat § 36.30.520 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 7. Procurement Records and Reports.|Sec. 36.30.520. Records of single source and emergency procurements.

(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 contract; and (3) a listing of the supplies, services, professional services, or construction procured under each contract. (b) The Department of Transportation and Public Facilities and any agency to whom the commissioner of administration or the commissioner of transportation and public facilities has delegated procurement authority under AS 36.30.015 shall, by October 1 of each year, submit to the commissioner of administration records of the type specified in (a) of this section for emergency procurements made under AS 36.30.310. The Department of Transportation and Public Facilities shall, even if procurement authority has been delegated under AS 36.30.015 to another agency, by October 1 of each year, submit to the commissioner of administration records of the type specified in (a) of this section for single source procurement contracts made under AS 36.30.300. The commissioner of administration shall maintain these records as required by (a) of this section.
AK Stat § 36.30.522 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 7. Procurement Records and Reports.|Sec. 36.30.522. Records of innovative procurements.

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 commissioner must contain a summary of the information in the file of the contracting agency. The file kept by the contracting agency must contain (1) a copy of the contract; (2) the written determination under AS 36.30.308(a); (3) the procurement plan as approved as to form by the Department of Law; (4) the record of notice under AS 36.30.130; and (5) the record of respondents to solicitation.
AK Stat § 36.30.530 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 7. Procurement Records and Reports.|Sec. 36.30.530. Public access to procurement information.

Procurement information is public except as otherwise provided by law.
AK Stat § 36.30.540 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 7. Procurement Records and Reports.|Sec. 36.30.540. Procurement report.

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) for the previous two fiscal years; (2) a list of procurements made under this chapter from out-of-state sources during the previous two fiscal years together with the total number of procurement contracts entered into during that period with out-of-state contractors and the total value of these contracts; this paragraph does not apply to procurements made under AS 36.30.320; and (3) a list of procurements made under this chapter from state sources during the previous two fiscal years together with the total number of procurement contracts entered into during that period with state contractors and the total value of these contracts; this paragraph does not apply to procurements made under AS 36.30.320.
AK Stat § 36.30.550 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 8. Legal and Contractual Remedies.|Sec. 36.30.550. Applicability of protest and appeal procedures.

(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.
AK Stat § 36.30.560 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 8. Legal and Contractual Remedies.|Sec. 36.30.560. Filing of a protest.

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 and include the following information: (1) the name, address, and telephone number of the protester; (2) the signature of the protester or the protester's representative; (3) identification of the contracting agency and the solicitation or contract at issue; (4) a detailed statement of the legal and factual grounds of the protest, including copies of relevant documents; and (5) the form of relief requested.
AK Stat § 36.30.565 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 8. Legal and Contractual Remedies.|Sec. 36.30.565. Time for filing a protest.

(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 notice period and the protest is based on alleged improprieties or ambiguities in the solicitation, the protest must be filed before the due date of the bid or proposal. Notwithstanding the other provisions in this subsection, the protest of an invitation to bid or a request for proposals in which a pre-bid or pre-proposal conference is held within 12 days of the due date must be filed before the due date of the bid or proposal if the protest is based on alleged improprieties or ambiguities in the solicitation. A protest based upon alleged improprieties in an award of a contract or a proposed award of a contract must be filed within 10 days after a notice of intent to award the contract is issued by the procurement officer. (b) If the protester shows good cause, the procurement officer of the contracting agency may consider a filed protest that is not timely.
AK Stat § 36.30.570 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 8. Legal and Contractual Remedies.|Sec. 36.30.570. Notice of a protest.

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.
AK Stat § 36.30.575 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 8. Legal and Contractual Remedies.|Sec. 36.30.575. Stay of award.

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.
AK Stat § 36.30.580 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 8. Legal and Contractual Remedies.|Sec. 36.30.580. Decision by the procurement officer.

(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 evidence of receipt. (b) The time for a decision may be extended up to 30 days for good cause by the commissioner of administration, or, for protests involving construction or procurements for the state equipment fleet, the commissioner of transportation and public facilities. If an extension is granted, the procurement officer shall notify the protester in writing of the date that the decision is due. (c) If a decision is not made by the date it is due, the protester may proceed as if the procurement officer had issued a decision adverse to the protester.
AK Stat § 36.30.585 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 8. Legal and Contractual Remedies.|Sec. 36.30.585. Protest remedies.

(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 including the seriousness of the procurement deficiencies, the degree of prejudice to other interested parties or to the integrity of the procurement system, the good faith of the parties, the extent the procurement has been accomplished, costs to the agency and other impacts on the agency of a proposed remedy, and the urgency of the procurement to the welfare of the state. (c) Notwithstanding (a) and (b) of this section, if a protest is sustained in whole or part, the protester's damages are limited to reasonable bid or proposal preparation costs.
AK Stat § 36.30.590 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 8. Legal and Contractual Remedies.|Sec. 36.30.590. Appeal on a protest.

(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 or procurements for the state equipment fleet, the commissioner of transportation and public facilities. An appeal shall be filed within 10 days after the decision is received by the protester. The protester shall file a copy of the appeal with the procurement officer. (b) An appeal must contain the information required under AS 36.30.560. In addition, the appeal must include (1) a copy of the decision being appealed; and (2) identification of the factual or legal errors in the decision that form the basis for the appeal.
AK Stat § 36.30.595 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 8. Legal and Contractual Remedies.|Sec. 36.30.595. Notice and copy of a protest appeal.

(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 and public facilities, as appropriate, shall, on request, furnish a copy of the appeal to a person notified under (a) of this section, except that confidential material shall be deleted from the copy.
AK Stat § 36.30.600 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 8. Legal and Contractual Remedies.|Sec. 36.30.600. Stay of award during protest appeal.

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.
AK Stat § 36.30.605 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 8. Legal and Contractual Remedies.|Sec. 36.30.605. Protest report and comments.

(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 procurement officer shall furnish a copy of the report to the protester and to interested parties that have requested a copy of the appeal under AS 36.30.595(b). (b) The procurement officer may request an extension of time to prepare the protest report. The request must be in writing listing the reasons for the request. The commissioner of administration or the commissioner of transportation and public facilities, as appropriate, shall respond to the request in writing. If an extension is granted, the commissioner shall list the reasons for granting the extension and indicate the date the protest report is due. The commissioner shall notify the protester in writing that the time for submission of the report has been extended and the date the report is due. (c) The protester may file comments on the protest report with the commissioner of administration or the commissioner of transportation and public facilities, as appropriate, within 10 days after the report is received. The protester shall provide copies of the comments to the procurement officer and to interested parties that have requested a copy of the appeal under AS 36.30.595(b). (d) The protester may request an extension of time to prepare the comments on the protest report. The request must be in writing listing the reasons for the request. The commissioner of administration or the commissioner of transportation and public facilities, as appropriate, shall respond to the request in writing. If an extension is granted, the commissioner shall list the reasons for granting the extension and indicate the date the comments are due. The commissioner shall notify the procurement officer in writing that the time for submission of the comments has been extended and the date the comments are due.
AK Stat § 36.30.610 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 8. Legal and Contractual Remedies.|Sec. 36.30.610. Decision without hearing.

(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 administration or the commissioner of transportation and public facilities, as appropriate, may issue a decision on an appeal without a hearing if the appeal involves questions of law without genuine issues of fact. (c) The commissioner of administration or the commissioner of transportation and public facilities, as appropriate, shall, within 15 days from the date the appellant's comments on the protest report are due under AS 36.30.605(c) and (d), notify the appellant of the acceptance or rejection of the appeal and, if rejected, the reasons for the rejection.
AK Stat § 36.30.615 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 8. Legal and Contractual Remedies.|Sec. 36.30.615. Hearing on protest appeal.

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.
AK Stat § 36.30.623 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 8. Legal and Contractual Remedies.|Sec. 36.30.623. Interest on certain claims.

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 interest at the rate applicable to judgments under AS 09.30.070(a). Notwithstanding AS 09.30.070(b), the interest accrues from the date that a complete claim is filed that meets the requirements of AS 36.30.620(a) through the date of a decision by the procurement officer under AS 36.30.620, a decision by the commissioner of transportation and public facilities under AS 36.30.680, or a judicial decision under AS 36.30.685, whichever decision is latest. In this section, “department” means the Department of Transportation and Public Facilities.
AK Stat § 36.30.625 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 8. Legal and Contractual Remedies.|Sec. 36.30.625. Appeal on a contract claim.

(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 or procurement for the state equipment fleet, the commissioner of transportation and public facilities. The appeal shall be filed within 14 days after the decision is received by the contractor. An appeal by a contractor of the Department of Transportation and Public Facilities may not raise any new factual issues or theories of recovery that were not presented to and decided by the procurement officer in the decision under AS 36.30.620(b), except that a contractor may increase the contractor's calculation of damages if the increase arises out of the same operative facts on which the original claim was based. The contractor shall file a copy of the appeal with the procurement officer. (b) An appeal must contain a copy of the decision being appealed and identification of the factual or legal errors in the decision that form the basis for the appeal. (c) The Department of Transportation and Public Facilities, or a contracting agency to whom the responsibility for handling the claim is delegated by the Department of Transportation and Public Facilities under AS 36.30.632, shall handle the appeal of a claim under this section expeditiously.