reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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, lease of space, 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 9. Intergovernmental Relations. › Sec. 36.30.730. Supply of personnel, services, and other items.

(a) A public procurement unit may, upon written request from another public procurement unit or external procurement activity, provide personnel to the requesting public procurement unit or external procurement activity. The public procurement unit or external procurement activity making the request shall pay the public procurement unit providing the personnel the direct and indirect cost of furnishing the personnel, in accordance with an agreement between the parties.
(b) The informational, technical, and other services of a public procurement unit may be made available to another public procurement unit or external procurement activity except that the requirements of the public procurement unit tendering the services has precedence over the requesting public procurement unit or external procurement activity. The requesting public procurement unit or external procurement activity shall pay for the expenses of the services so provided, in accordance with an agreement between the parties.
(c) Upon request, the commissioner may make available to public procurement units or external procurement activities the following services, among others:
(1) standard forms;
(2) printed manuals;
(3) product specifications and standards;
(4) quality assurance testing services and methods;
(5) qualified products lists;
(6) source information;
(7) common use commodities listings;
(8) supplier performance ratings;
(9) lists of persons debarred or suspended from consideration for award of state contracts;
(10) forms for invitations for bids, requests for proposals, instructions to bidders, general contract provisions, and other contract forms; and
(11) contracts or published summaries of them, including price and time of delivery information.
(d) The commissioner may provide the following technical services, among others:
(1) development of product specifications;
(2) development of quality assurance test methods, including receiving, inspection, and acceptance procedures;
(3) use of product testing and inspection facilities; and
(4) use of personnel training programs.
(e) The commissioner may enter into contractual arrangements and publish a schedule of fees for the services provided under (c) and (d) of this section.
(f) [Repealed, § 28 ch 90 SLA 1991.]
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 9. Intergovernmental Relations. › Sec. 36.30.735. Restriction on contracting with or employing experts on radiation hazards.

(a) Except for the Department of Health, the Department of Labor and Workforce Development, the Department of Environmental Conservation, and the Department of Military and Veterans' Affairs, a state agency may not
(1) contract, other than with the Department of Health, to have services performed that require expertise in determining or reducing the hazards of radiation; or
(2) employ a person whose duties require expertise in determining or reducing the hazards of radiation.
(b) In this section, “state agency”
(1) means a state department or agency, whether in the legislative, judicial, or executive branch;
(2) does not include the University of Alaska, a municipality, or an agency of a municipality.
(c) In this section, “radiation” does not include radiation emitted from a Federal Communications Commission licensed facility emitting radiation of a wave length longer than one centimeter and an average power output not exceeding two kilowatts.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 9. Intergovernmental Relations. › Sec. 36.30.740. Information relating to procurement needs.

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.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 9. Intergovernmental Relations. › Sec. 36.30.750. Contract claims of other procurement units.

(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.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 9. Intergovernmental Relations. › Sec. 36.30.790. Definitions.

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.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 10. General Provisions. › Sec. 36.30.860. Supplementary general principles of law applicable.

Unless displaced by the particular provisions of this chapter, the principles of law and equity, including AS 45.01 - AS 45.08, AS 45.12, 45.14, and 45.29 (Uniform Commercial Code), the law merchant, and law relative to capacity to contract, agency, fraud, misrepresentation, duress, coercion, mistake, or bankruptcy shall supplement the provisions of this chapter.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 10. General Provisions. › Sec. 36.30.870. Adoption of regulations.

(a) Regulations under this chapter shall be adopted in accordance with AS 44.62 (Administrative Procedure Act).
(b) Regulations under this chapter applicable to procurements of construction, leases of space for the executive branch of state government, or procurements for or disposal of property of the state equipment fleet shall be adopted by the commissioner of administration only after consultation with the commissioner of transportation and public facilities.
(c) The commissioner of administration shall adopt regulations establishing the procedures for arbitration under AS 36.30.627(a), including establishing the qualifications for arbitrators and the method for appointing neutral arbitrators to conduct arbitrations.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 10. General Provisions. › Sec. 36.30.890. Federal funds or assistance.

If a procurement involves the expenditure of federal funds or federal assistance and there is a conflict between a provision of this chapter or a regulation adopted under a provision of this chapter and a federal statute, regulation, policy, or requirement, the federal statute, regulation, policy, or requirement shall prevail.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 10. General Provisions. › Sec. 36.30.910. Purchases through general services administration.

Notwithstanding any other provision of this chapter, purchasing through the general services administration or from federal supply schedules of the general services administration may be made without competitive sealed bidding, competitive sealed proposals, or other competition, so long as the purchasing is from persons located in the state in accordance with regulations adopted by the commissioner for purchases under this section and as provided under 41 U.S.C. 251 - 266.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 10. General Provisions. › Sec. 36.30.920. Reporting of anticompetitive practices.

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.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 10. General Provisions. › Sec. 36.30.930. Civil and criminal penalties.

The following penalties apply to violations of this chapter:
(1) a person who contracts for or purchases supplies, equipment for the state fleet, services, professional services, or construction in a manner the person knows to be contrary to the requirements of this chapter or the regulations adopted under this chapter is liable for all costs and damages to the state arising out of the violation;
(2) a person who intentionally or knowingly contracts for or purchases supplies, equipment for the state fleet, services, professional services, or construction under a scheme or artifice to avoid the requirements of this chapter is guilty of a class C felony.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 10. General Provisions. › Sec. 36.30.950. Severability.

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.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 10. General Provisions. › Sec. 36.30.960. Background investigation for contractors with access to federal tax information.

(a) Upon request of an agency, the procurement officer shall notify each contractor if a contract with the state requires access to federal tax information for performance of the contract. Each contractor with the state whose duties require access to federal tax information shall submit to and pass a background investigation that includes a state and national criminal history record check. The contractor shall provide information for the background investigation, including fingerprints, in a format requested by the procurement officer or the contracting agency. The procurement officer or the contracting agency shall submit the fingerprints to the Department of Public Safety to obtain a report of criminal justice information under AS 12.62 and a national criminal history record check. The Department of Public Safety may submit the fingerprints to the Federal Bureau of Investigation for a national criminal history record check.
(b) A contractor shall pay to the procurement officer or contracting agency the fee established by AS 12.62.160 for the national criminal history record check.
(c) A background investigation under this section, including a state and national criminal history record check, is confidential.
(d) In this section, unless the context otherwise requires,
(1) “agency” has the meaning given in AS 39.90.290;
(2) “contractor” means a person who has applied for or been awarded a contract with an agency and includes a subcontractor;
(3) “federal tax information” has the meaning given in AS 39.90.290.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 90. Miscellaneous Provisions › Article 2. Professional Registration Requirements. › Sec. 36.90.100. Contracts for architectural, engineering, land surveying, or landscape architectural services.

The state or a municipality may not award a contract for architectural, engineering, land surveying, or landscape architectural services to
(1) an individual who is not registered under AS 08.48 to perform the architectural, engineering, land surveying, or landscape architectural services required by the contract;
(2) a partnership, except as provided by (3) of this section, that is not qualified under AS 08.48.251 to provide the architectural, engineering, land surveying, or landscape architectural services required by the contract; or
(3) a corporation, limited liability company, or limited liability partnership that is not authorized under AS 08.48.241 to offer the architectural, engineering, land surveying, or landscape architectural services required by the contract.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 90. Miscellaneous Provisions › Article 3. Public Construction Contract Payment. › Sec. 36.90.210. Required contractual terms.

(a) The prime contractor and a subcontractor on a public construction or public works contract must include in a subcontract between the prime contractor and subcontractor for the public construction or public works a clause that requires the prime contractor to pay
(1) the subcontractor for satisfactory performance under the subcontract within eight working days after receiving payment from which the subcontractor is to be paid;
(2) the subcontractor all retainage due under the subcontract within eight working days after final payment is received from the state or political subdivision or after the notice period under AS 36.25.020(b) expires, whichever is later;
(3) the subcontractor interest on an amount that is not paid in accordance with (1) of this subsection for the period beginning on the day after the required payment date and ending on the day on which payment of the amount due is made; the interest shall be computed at an interest rate that is equal to the amount set out in AS 45.45.010(a);
(4) interest on retainage withheld from the subcontractor at an interest rate that is equal to the amount set out in AS 45.45.010(a).
(b) A subcontractor on a public construction or public works contract must include in each subcontract under which a person agrees to provide the subcontractor with services, other than as an employee, or supplies to be used in the public construction or public works project a clause that requires the subcontractor to pay
(1) the person for satisfactory performance under the subcontract within eight working days after receiving payment from which the person is to be paid;
(2) the person all retainage due under the subcontract with the person within eight working days after the subcontractor receives its share of the state-held retainage from the prime contractor or another subcontractor;
(3) the person interest on an amount that is not paid in accordance with (1) of this subsection for the period beginning on the day after the required payment date and ending on the day on which payment of the amount due is made; the interest shall be computed at an interest rate that is equal to the amount set out in AS 45.45.010(a);
(4) interest on retainage withheld from the person at an interest rate that is equal to the amount set out in AS 45.45.010(a).
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 90. Miscellaneous Provisions › Article 3. Public Construction Contract Payment. › Sec. 36.90.220. Optional contractual terms.

Notwithstanding AS 36.90.210 and 36.90.230, the prime contractor or a subcontractor may negotiate and include in a public construction or public works subcontract a provision that permits
(1) the prime contractor or a subcontractor to determine that part or all of a subcontractor's request for payment may be withheld for unsatisfactory performance under the subcontract; and
(2) the prime contractor or a subcontractor to withhold payment for unsatisfactory performance without incurring an obligation to pay interest for late payment, if a notice complying with AS 36.90.240 has been previously furnished to the subcontractor and a copy of the notice is furnished to the contracting officer of the state or political subdivision.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 90. Miscellaneous Provisions › Article 3. Public Construction Contract Payment. › Sec. 36.90.230. Withholding payment for unsatisfactory performance.

(a) If the prime contractor on a public construction or public works contract, after making a request for payment to the state or political subdivision but before paying a subcontractor for the subcontractor's performance covered by the payment request, discovers that part or all of the payment otherwise due to the subcontractor is subject to withholding from the subcontractor under the subcontract for unsatisfactory performance, the prime contractor may withhold the amount as allowed under the subcontract. If the prime contractor withholds an amount under this subsection, the prime contractor shall
(1) give the subcontractor a notice complying with AS 36.90.240 as soon as practicable after determing the cause for the withholding but before the due date for the subcontractor payment;
(2) give the contracting officer of the state or political subdivision a copy of the notice furnished to the subcontractor under (1) of this subsection;
(3) pay the subcontractor within eight working days after correction of the identified subcontractor performance deficiency.
(b) If the prime contractor does not comply with the notice and payment requirements of (a) of this section, the contractor shall pay the subcontractor interest on the withheld amount from the eighth working day at an interest rate that is equal to the amount set out in AS 45.45.010(a).
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 90. Miscellaneous Provisions › Article 3. Public Construction Contract Payment. › Sec. 36.90.240. Form of certain notices.

A notice under AS 36.90.220(2) or 36.90.230(a)(1) must be in writing and must state the amount being withheld, the specific causes for the withholding under the terms of the subcontract, and the remedial actions to be taken by the subcontractor to receive payment of the amount withheld.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 90. Miscellaneous Provisions › Article 3. Public Construction Contract Payment. › Sec. 36.90.250. Retainage.

(a) The state or a political subdivision of the state shall pay to the prime contractor interest on retainage, including warranty retainage, on a contract for public construction or public works at an interest rate that is equal to the amount set out in AS 45.45.010(a). Interest on retainage accrues from the date of approval of a pay request until the date of payment to the contractor.
(b) A political subdivision that has a population of 500 or less is exempt from the payment of interest under (a) of this section.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 90. Miscellaneous Provisions › Article 3. Public Construction Contract Payment. › Sec. 36.90.260. Miscellaneous provisions.

(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.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 90. Miscellaneous Provisions › Article 3. Public Construction Contract Payment. › Sec. 36.90.265. Applicability to political subdivisions.

AS 36.90.200 - 36.90.290 apply to a public construction or public works contract of a political subdivision if the political subdivision has entered into a written contract with the state for the state to provide funds for the public construction or public work.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 90. Miscellaneous Provisions › Article 3. Public Construction Contract Payment. › Sec. 36.90.290. Definitions.

In AS 36.90.200 - 36.90.290,
(1) “prime contractor” means a person required to be registered as a contractor under AS 08.18 who has a contract with the state or a political subdivision of the state to provide materials or services, other than as an employee, for a public construction or public works project;
(2) “subcontractor” means a person at any level, other than a prime contractor, who provides materials or services, other than as an employee, to be used in a public construction or public works project;
(3) “working day” does not include a Saturday, Sunday, or state holiday.