reglab/housing_qa huggingface dataset:
AK Stat § 36.30.627 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 8. Legal and Contractual Remedies.|Sec. 36.30.627. Construction contract claim appeals.

(a) An appeal from a decision of the procurement officer of a claim involving a construction contract shall be resolved by (1) binding and final arbitration under AS 09.43.010 - 09.43.180 (Uniform Arbitration Act) or AS 09.43.300 - 09.43.595 (Revised Uniform Arbitration Act), as applicable, if the claim is (A) less than $250,000 and the contractor requests arbitration of the claim; or (B) $250,000 or more and both the agency and the contractor agree to arbitration of the claim; or (2) a hearing under AS 36.30.630 if the claim is not handled by arbitration under (1) of this subsection. (b) In this section, a claim includes all issues, causes of action, and controversies arising from a construction contract for which a contractor or the contracting agency asserts compensation is due.
AK Stat § 36.30.629 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 8. Legal and Contractual Remedies.|Sec. 36.30.629. Subpoenas and discovery.

In appeals under AS 36.30.627, the arbitrator or hearing officer may (1) issue subpoenas, including subpoenas duces tecum, to compel the attendance of witnesses and the production of documents; (2) allow the taking of depositions for discovery or to perpetuate testimony; and (3) refer a subpoena or subpoena duces tecum to the superior court for enforcement and the imposition of appropriate sanctions.
AK Stat § 36.30.630 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 8. Legal and Contractual Remedies.|Sec. 36.30.630. Hearing on a contract claim; decision without hearing.

(a) Except as provided in (b) of this section, a hearing shall be conducted according to AS 36.30.670 and, to the extent they do not conflict with regulations adopted under AS 44.64.060, regulations adopted by the commissioner of administration on a contract claim appealed to the commissioner of administration or the commissioner of transportation and public facilities or referred to either commissioner under AS 36.30.620(f). (b) Except as provided in AS 36.30.627(a)(1), within 15 days after receipt of an appeal on a contract claim, the commissioner of administration or the commissioner of transportation and public facilities, as appropriate, may adopt the decision of the procurement officer as the final decision without a hearing.
AK Stat § 36.30.631 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 8. Legal and Contractual Remedies.|Sec. 36.30.631. Attorney fees, costs, and offers of judgment.

(a) An arbitrator in the arbitration of a construction contract claim under AS 36.30.627(a)(1) and a hearing officer for the hearing of a construction contract claim conducted under AS 36.30.627(a)(2) shall award the prevailing party attorney fees and costs incurred in the arbitration or hearing. The award shall be made as provided by Rules 68, 79, and 82 of the Alaska Rules of Civil Procedure. (b) Either party to an arbitration of a construction contract claim conducted under AS 36.30.627 or a hearing of a construction contract claim conducted under AS 36.30.630(a) may serve on the adverse party an offer to allow a final decision to be entered in complete satisfaction of the claim. The offer shall be made, accepted, or rejected as provided for an offer of judgment under Rule 68 of the Alaska Rules of Civil Procedure. Acceptance or rejection of the offer has the same consequences as acceptance or rejection of an offer of judgment made in a civil action under Rule 68 of the Alaska Rules of Civil Procedure.
AK Stat § 36.30.632 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 8. Legal and Contractual Remedies.|Sec. 36.30.632. Delegation.

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.
AK Stat § 36.30.635 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 8. Legal and Contractual Remedies.|Sec. 36.30.635. Authority to debar or suspend.

(a) After consultation with the using agency and the attorney general and after a hearing conducted according to AS 36.30.670 and, to the extent they do not conflict with regulations adopted under AS 44.64.060, regulations adopted by the commissioner of administration, the commissioner of administration or the commissioner of transportation and public facilities may debar a person for cause from consideration for award of contracts. Notice of a debarment hearing shall be provided in writing at least seven days before the hearing. The debarment may not be for a period of more than three years. (b) The commissioner of administration or the commissioner of transportation and public facilities, after consultation with the using agency and the attorney general, may suspend a person from consideration for award of contracts if there is probable cause for debarment and compelling reasons require suspension to protect state interests. The suspension may not be for a period exceeding three months. (c) The authority to debar or suspend shall be exercised in accordance with regulations adopted by the commissioner of administration.
AK Stat § 36.30.640 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 8. Legal and Contractual Remedies.|Sec. 36.30.640. Causes for debarment or suspension.

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.
AK Stat § 36.30.645 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 8. Legal and Contractual Remedies.|Sec. 36.30.645. Written determinations.

(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.
AK Stat § 36.30.650 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 8. Legal and Contractual Remedies.|Sec. 36.30.650. Hearing on a suspension.

(a) A person suspended under AS 36.30.635 is entitled to a hearing conducted according to AS 36.30.670 and, to the extent that they do not conflict with regulations adopted under AS 44.64.060, regulations adopted by the commissioner of administration, if the person files a written request for a hearing with the commissioner of administration or the commissioner of transportation and public facilities, as appropriate, within seven days after receipt of the notice of suspension under AS 36.30.645. (b) If a suspended person requests a hearing, the commissioner of administration or the commissioner of transportation and public facilities, as appropriate, after consulting with the office of administrative hearings (AS 44.64.010), shall schedule a prompt hearing unless the attorney general determines that a hearing at the proposed time is likely to jeopardize an investigation. A hearing may not be delayed longer than six months after notice of the suspension is provided under AS 36.30.645.
AK Stat § 36.30.655 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 8. Legal and Contractual Remedies.|Sec. 36.30.655. List of persons debarred or suspended.

The commissioner shall maintain a list of all persons debarred or suspended from consideration for the award of contracts.
AK Stat § 36.30.660 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 8. Legal and Contractual Remedies.|Sec. 36.30.660. Reinstatement.

(a) The commissioner of administration or the commissioner of transportation and public facilities may at any time after a final decision to debar a person from consideration for award of contracts reinstate the person after determining that the cause for which the person was debarred no longer exists or has been substantially mitigated. (b) A debarred person may request reinstatement by submitting a petition to the commissioner of administration or the commissioner of transportation and public facilities supported by evidence showing that the cause for debarment no longer exists or has been substantially mitigated. (c) The commissioner of administration or the commissioner of transportation and public facilities may require a hearing on a reinstatement petition. A decision on reinstatement shall be made in writing within seven days after a reinstatement petition is submitted. The decision must specify the factors on which it is based. A decision under this section is not subject to judicial appeal.
AK Stat § 36.30.665 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 8. Legal and Contractual Remedies.|Sec. 36.30.665. Limited participation by debarred person.

The commissioner of administration or the commissioner of transportation and public facilities may permit a debarred person to participate in a contract on a limited basis during the debarment period if the commissioner determines in writing that the participation is advantageous to the state. The determination shall specify the factors on which it is based and the limits imposed on the debarred person.
AK Stat § 36.30.670 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 8. Legal and Contractual Remedies.|Sec. 36.30.670. Hearing procedures.

(a) The chief administrative law judge (AS 44.64.010) shall assign an administrative law judge to act as a hearing officer for a hearing conducted under this chapter. The hearing officer shall arrange for a prompt hearing and notify the parties in writing of the time and place of the hearing. The hearing shall be conducted in an informal manner. The provisions of AS 44.62 (Administrative Procedure Act) do not apply to a hearing conducted under this chapter. (b) The hearing officer may (1) hold prehearing conferences to settle, simplify, or identify the issues in a proceeding, or to consider other matters that may aid in the expeditious disposition of the proceeding; (2) require parties to state their positions concerning the various issues in the proceeding; (3) require parties to produce for examination those relevant witnesses and documents under their control; (4) rule on motions and other procedural matters; (5) regulate the course of the hearing and conduct of the participants; (6) establish time limits for submission of motions or memoranda; (7) impose appropriate sanctions against a person who fails to obey an order of the hearing officer, including (A) prohibiting the person from asserting or opposing designated claims or defenses or introducing designated matters into evidence; (B) excluding all testimony of an unresponsive or evasive witness; and (C) excluding a person from further participation in the hearing; (8) take official notice of a material fact not appearing in evidence, if the fact is among the traditional matters subject to judicial notice; (9) administer oaths or affirmations. (c) A transcribed record of the hearing shall be made available at cost to a party that requests it.
AK Stat § 36.30.675 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 8. Legal and Contractual Remedies.|Sec. 36.30.675. Recommended decision and commissioner action.

(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.
AK Stat § 36.30.680 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 8. Legal and Contractual Remedies.|Sec. 36.30.680. Final decision by the commissioner.

A decision by the commissioner of administration or the commissioner of transportation and public facilities after a hearing under this chapter is final. A decision shall be sent within 20 days after the hearing to all parties by personal service or certified mail, except that a decision by the commissioner of transportation and public facilities involving procurement of construction shall be sent to all parties by personal service or certified mail within 45 days after receipt by the commissioner of transportation and public facilities of the hearing officer's decision.
AK Stat § 36.30.685 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 8. Legal and Contractual Remedies.|Sec. 36.30.685. Judicial appeal.

(a) A final decision of the commissioner of administration or the commissioner of transportation and public facilities under AS 36.30.610, 36.30.635(a), 36.30.650, or 36.30.680 may be appealed to the superior court in accordance with the Alaska Rules of Appellate Procedure. (b) A final decision of the commissioner of administration or the commissioner of transportation and public facilities under AS 36.30.630(b) may be appealed to the superior court for a trial de novo.
AK Stat § 36.30.687 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 8. Legal and Contractual Remedies.|Sec. 36.30.687. Misrepresentations, fraud, and attempted fraud.

(a) A person who makes or uses in support of a contract claim under this chapter, a misrepresentation, or who practices or attempts to practice a fraud, at any stage of proceedings relating to a procurement or contract claim under this chapter (1) forfeits all claims relating to that procurement or contract; and (2) is liable to the state for reimbursement of all sums paid on the claim, for all costs attributable to review of the claim, and for a civil penalty equal to the amount by which the claim is misrepresented. (b) The procurement officer, commissioner or court shall make specific findings of misrepresentation, attempted fraud, or fraud before declaring a forfeiture under (a)(1) of this section. (c) Suits to recover costs and penalties under (a)(2) of this section must be commenced within six years after the discovery of the misrepresentation, fraud, or attempted fraud. (d) A person who in a matter relating to a procurement or a contract claim under this chapter makes a misrepresentation to the state through a trick, scheme, or device is guilty of a class C felony. (e) In this section, “misrepresentation” means a false or misleading statement of material fact, or conduct intended to deceive or mislead concerning material fact, whether it succeeds in deceiving or misleading.
AK Stat § 36.30.690 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 8. Legal and Contractual Remedies.|Sec. 36.30.690. Exclusive remedy.

Notwithstanding AS 44.77 or other law to the contrary, AS 36.30.560 - 36.30.699 and regulations adopted under those sections provide the exclusive procedure for asserting a claim against an agency arising in relation to a procurement under this chapter.
AK Stat § 36.30.695 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 8. Legal and Contractual Remedies.|Sec. 36.30.695. Other rules of procedure.

(a) The commissioner may adopt by regulation additional rules of procedure providing for the expeditious arbitration, hearing, and other administrative review of all contract claims, both before the contracting agency and through an appeal heard de novo. (b) Except as provided by (c) of this section, an arbitrator shall issue a final decision, and a hearing officer shall issue a recommended decision, within the following time limits after the date the record on the claim is closed: (1) 30 calendar days for a claim of less than $100,000; (2) 45 calendar days for a claim of $100,000 or more but less than $1,000,000; or (3) 60 calendar days for a claim of $1,000,000 or more. (c) The commissioner of administration or the commissioner of transportation and public facilities may, for good cause shown, grant an arbitrator or a hearing officer additional time to issue a decision. (d) If an arbitrator or hearing officer fails to issue a decision within the time allowed for a decision under (b) or (c) of this section, the arbitrator or hearing officer is disqualified from acting as an arbitrator or hearing officer in another proceeding under this chapter for one year after the decision is issued. (e) The venue for an arbitration or hearing under this chapter is the judicial district where the office of the contracting agency is located, unless the agency and the contractor agree on another location. (f) If a party fails to appear at a proceeding under this chapter, the arbitrator or hearing officer may proceed in the party's absence. (g) Subject to appropriation, any money awarded by an arbitrator's decision shall be paid within 45 days after the date that the arbitrator's decision is final. Subject to appropriation, any money awarded by a hearing officer's recommended decision that is approved by the commissioner of transportation and public facilities shall be paid within 45 days after the date that the commissioner's decision is delivered to the contractor and the agency, unless the commissioner's decision is appealed under AS 36.30.685.
AK Stat § 36.30.699 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 8. Legal and Contractual Remedies.|Sec. 36.30.699. Definition.

In AS 36.30.560 - 36.30.695, “interested party” means an actual or prospective bidder or offeror whose economic interest may be affected substantially and directly by the issuance of a contract solicitation, the award of a contract, or the failure to award a contract; whether an actual or prospective bidder or offeror has an economic interest depends on the circumstances.
AK Stat § 36.30.700 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 9. Intergovernmental Relations.|Sec. 36.30.700. Cooperative purchasing authorized.

A public procurement unit may either participate in, sponsor, conduct, or administer a cooperative purchasing agreement for the procurement of supplies, services, professional services, or construction with one or more public procurement units or external procurement activities in accordance with an agreement entered into between the participants. Cooperative purchasing may include joint or multi-party contracts between public procurement units and open-ended state public procurement units contracts that are made available to local public procurement units.
AK Stat § 36.30.710 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 9. Intergovernmental Relations.|Sec. 36.30.710. Interagency sale, acquisition, and use of supplies and services.

(a) A public procurement unit may sell to, acquire from, or use any supplies belonging to another public procurement unit or external procurement activity independent of the requirements of AS 36.30.060 and 36.30.100 - 36.30.260. (b) A public procurement unit may enter into an agreement, independent of the requirements of AS 36.30.060 and 36.30.100 - 36.30.260, with another public procurement unit or external procurement activity for the cooperative use of supplies or services under the terms agreed upon between the parties.
AK Stat § 36.30.720 (2021)
2021 Alaska Statutes|Title 36. Public Contracts|Chapter 30. State Procurement Code|Article 9. Intergovernmental Relations.|Sec. 36.30.720. Joint use or lease of facilities and equipment.

A public procurement unit may enter into agreements for the common use or lease of warehousing facilities, capital equipment, and other facilities with another public procurement unit or an external procurement activity under the terms agreed upon between the parties.