reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 10. Employment Preference › Sec. 36.10.175. Preference for economically disadvantaged female residents.

(a) Immediately following a determination by the commissioner that the female residents of a zone are economically disadvantaged, and for the next two fiscal years after the determination, qualified female residents of the zone who are eligible under AS 36.10.140 shall be given preference in hiring for at least 25 percent of employment on each project under AS 36.10.180 that is wholly or partially sited within the zone. The preference applies on a craft-by-craft or occupational basis.
(b) The commissioner shall determine that the female residents of a zone are economically disadvantaged if the commissioner finds that
(1) either the percent of unemployment of female residents of the zone is at least two times the percent of unemployment of male residents of the zone or the female population of the zone has suffered past economic discrimination;
(2) the economic disadvantage of female residents of the zone has substantially contributed to serious social or economic problems in the zone; and
(3) employment of workers who are not residents is a peculiar source of unemployment of female residents of the zone.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 10. Employment Preference › Sec. 36.10.180. Projects subject to preference.

(a) The preferences established in AS 36.10.150 - 36.10.175 apply to work performed
(1) under a contract for construction, repair, preliminary surveys, engineering studies, consulting, maintenance work, or any other retention of services necessary to complete a given project that is let by the state or an agency of the state, a department, office, state board, commission, public corporation, or other organizational unit of or created under the executive, legislative, or judicial branch of state government, including the University of Alaska and the Alaska Railroad Corporation, or by a political subdivision of the state including a regional school board with respect to an educational facility under AS 14.11.020;
(2) on a public works project under a grant to a municipality under AS 37.05.315 or AS 37.06.010;
(3) on a public works project under a grant to a named recipient under AS 37.05.316;
(4) on a public works project under a grant to an unincorporated community under AS 37.05.317 or AS 37.06.020; and
(5) on any other public works project or construction project that is funded in whole or in part by state money.
(b) If the governor has declared an area to be an area impacted by an economic disaster under AS 44.33.285, then the preference for residents of the area established under AS 44.33.285 - 44.33.310 supersedes the preference under AS 36.10.150 - 36.10.175 for contracts awarded by the state.
(c) The commissioner shall define the boundaries of a zone within which a preference applies.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 10. Employment Preference › Sec. 36.10.190. Reporting provisions.

An employer obligated to meet resident hire requirements under this chapter shall comply with the reporting provisions that the commissioner of labor and workforce development determines are reasonably necessary to carry out this chapter. Except for statistical data, all information regarding specific employees is confidential and may not be released by the Department of Labor and Workforce Development. However, confidential employee information may be shared between departments for purposes of this chapter.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 10. Employment Preference › Sec. 36.10.200. Criminal penalties.

(a) A person who makes a false sworn statement in connection with a certification of eligibility for an employment preference under this chapter is subject to criminal prosecution for perjury as provided in AS 11.56.200.
(b) A person who makes an unsworn falsification, with the intent to mislead a public servant in the performance of a duty, in connection with a certification of eligibility for an employment preference under this chapter, is subject to criminal prosecution as provided in AS 11.56.210.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 10. Employment Preference › Sec. 36.10.210. Civil penalties.

(a) In addition to any criminal penalties imposed, after a hearing the department may impose a civil penalty on a person who, in connection with certification of eligibility for an employment preference under this chapter,
(1) made a false sworn statement; or
(2) made an unsworn falsification with intent to mislead a public servant in the performance of a duty.
(b) The amount of the civil penalty under (a) of this section for a person who falsely certifies that the person is eligible for an employment preference under this chapter is not more than $400 for each false certification.
(c) The amount of the civil penalty under (a) of this section for an employer who falsely certifies that employees are residents eligible for a preference under this chapter is not more than $2,000 for each of the first five false certifications. The penalty for the sixth false certification made by an employer and for each false certification thereafter is at least $2,000 and not more than $4,000.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 10. Employment Preference › Sec. 36.10.900. Severability.

If a provision of this chapter, or the application of a provision to a person or circumstance, is held invalid, the remainder of this chapter and the application to other persons or circumstances shall not be affected by the holding. The remainder shall be enforced to the greatest extent constitutionally permissible under the constitutions of the United States and the State of Alaska.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 15. Alaska Product Preferences › Article 1. Forest Products Preference. › Sec. 36.15.010. Use of local forest products required in projects financed by public money.

In a project financed by state money in which the use of timber, lumber, and manufactured lumber products is required, only timber, lumber, and manufactured lumber products originating in this state from local forests shall be used wherever practicable.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 15. Alaska Product Preferences › Article 2. Agricultural and Fisheries Products Preference. › Sec. 36.15.050. Use of local agricultural and fisheries products required in purchases with state money.

(a) When agricultural products are purchased by the state or by a school district that receives state money, a preference not less than seven percent nor more than 15 percent shall be applied to the price of products harvested in the state.
(b) When fisheries products are purchased by the state or by a school district that receives state money, a preference not less than seven percent nor more than 15 percent shall be applied to the price of products harvested or processed within the jurisdiction of the state.
(c) A solicitation for the purchase of agricultural or fisheries products must include written notice of the preferences under (a) and (b) of this section and specify that agricultural products harvested in the state and fisheries products harvested or processed within the jurisdiction of the state will be used where possible. If the state or a school district that receives state money purchases agricultural products harvested outside the state or fisheries products harvested or processed outside the jurisdiction of the state, the officer responsible for the purchase shall certify in writing the reasons that agricultural products harvested in the state or fisheries products harvested or processed within the jurisdiction of the state were not purchased.
(d) If a contractor fails to comply with this section, the purchasing agency shall withhold payment until the contractor complies. If a school district fails to comply with this section, the department responsible for disbursing state money to the school district shall withhold the money until the school district complies.
(e) An interested party, as defined in AS 36.30.699, may seek administrative or judicial review of the award of a contract in violation of this section.
(f) Compliance with this section is not required if an exception to this section is mandated for participation in a federal program.
(g) A bidder receiving a preference under this section may not receive a preference under AS 36.30.322.
(h) In this section,
(1) “agricultural products” includes dairy products, timber and lumber, and products manufactured in the state from timber and lumber;
(2) “school district” includes a regional educational attendance area established under AS 14.08;
(3) “state money” includes state reimbursement to school districts for school or related construction, foundation funding for education, municipal assistance, community assistance, revenue sharing, and state funds for capital projects.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 15. Alaska Product Preferences › Article 2. Agricultural and Fisheries Products Preference. › Sec. 36.15.060. Insertion of clause in calls for bids and in contracts.

A clause containing the substance of the relevant subsection of AS 36.15.050 shall be inserted in all calls for bids and in all contracts awarded that involve agricultural or fisheries products.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 25. Contractors' Bonds › Sec. 36.25.010. Bonds of contractors for public buildings or works.

(a) Except as provided in AS 44.33.300, before a contract exceeding $100,000 for the construction, alteration, or repair of a public building or public work of the state or a political subdivision of the state is awarded to a general or specialty contractor, the contractor shall furnish to the state or a political subdivision of the state the following bonds, which become binding upon the award of the contract to that contractor:
(1) a performance bond with a corporate surety qualified to do business in the state, or at least two individual sureties who shall each justify in a sum equal to the amount of the bond; the amount of the performance bond shall be equivalent to the amount of the payment bond;
(2) a payment bond with a corporate surety qualified to do business in the state, or at least two individual sureties who shall each justify in a sum equal to the amount of the bond for the protection of all persons who supply labor and material in the prosecution of the work provided for in the contract; when the total amount payable by the terms of the contract is not more than $1,000,000, the payment bond shall be in a sum of one-half the total amount payable by the terms of the contract; when the total amount payable by the terms of the contract is more than $1,000,000 and not more than $5,000,000, the payment bond shall be in a sum of 40 percent of the total amount payable by the terms of the contract; when the total amount payable by the terms of the contract is more than $5,000,000, the payment bond shall be in the sum of $2,500,000.
(b) This section does not limit the authority of a contracting officer to require a performance bond or other security in addition to those, or in cases other than the cases specified in (a) of this section.
(c) When no payment bond has been furnished, the contracting department may not approve final payments to the contractor until the contractor files a written certification that all persons who supplied labor or material in the prosecution of the work provided for in the contract have been paid.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 25. Contractors' Bonds › Sec. 36.25.020. Rights of persons furnishing labor or material.

(a) A person who furnishes labor or material in the prosecution of the work provided for in the contract for which a payment bond is furnished under AS 36.25.010 and who is not paid in full before the expiration of 90 days after the last day on which the labor is performed or material is furnished for which the claim is made, may sue on the payment bond for the amount unpaid at the time of the suit.
(b) However, a person having direct contractual relationships with a subcontractor but no contractual relationship express or implied with the contractor furnishing the payment bond has a right of action on the payment bond upon giving written notice to the contractor within 90 days from the last date on which the person performed labor or furnished material for which the claim is made. The notice must state with substantial accuracy the amount claimed and the name of the person to whom the material was furnished or for whom the labor was performed. The notice shall be served by mailing it by registered mail, postage prepaid, in an envelope addressed to the contractor at any place where the contractor maintains an office or conducts business, or the contractor's residence, or in any manner in which a peace officer is authorized to serve summons.
(c) A suit brought under this section shall be brought in the name of the state or the political subdivision of the state for the use of the person suing in the court with jurisdiction. A suit under this section is subject to AS 08.18.151. A suit may not be started after the expiration of one year after the date of final settlement of the contract. The state or political subdivision of the state is not liable for costs or expenses of the suit.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 25. Contractors' Bonds › Sec. 36.25.025. Optional municipal exemption.

A municipality, by ordinance adopted by its governing body, may exempt contractors from compliance with the provisions of AS 36.25.010(a) if the estimated cost of the project does not exceed $400,000, and
(1) the contractor is, and for two years immediately preceding the award of the contract has been, a licensed contractor having its principal office in the state;
(2) the contractor certifies that it has not defaulted on a contract awarded to the contractor during the period of three years preceding the award of a contract for which a bid is submitted;
(3) the contractor submits a financial statement, prepared within a period of nine months preceding the submission of a bid for the contract and certified by a public accountant or a certified public accountant licensed under AS 08.04, demonstrating that the contractor has a net worth of not less than 20 percent of the amount of the contract for which a bid is submitted; and
(4) the total amount of all contracts that the contractor anticipates performing during the term of performance of the contract for which a bid is submitted does not exceed the net worth of the contractor reported in the certified financial statement prepared and submitted under (3) of this section by more than seven times.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 1. Organization of State Procurement. › Sec. 36.30.010. Chief procurement officer.

(a) The commissioner shall appoint to the partially exempt service the chief procurement officer of the state. The chief procurement officer must have at least five years of prior experience in public procurement, including large scale procurement of supplies, services, or professional services, and must be a person with demonstrated executive and organizational ability. The chief procurement officer may be removed by the commissioner only for cause. The term of office of the chief procurement officer is six years.
(b) Except as otherwise specifically provided in this chapter, the chief procurement officer shall
(1) procure or supervise the procurement of all supplies, services, and professional services needed by an agency;
(2) exercise general supervision and control over all inventories of supplies belonging to an agency and prescribe the manner in which supplies shall be purchased, delivered, stored, and distributed;
(3) prescribe the time, manner, authentication, and form of making requisitions for supplies and services;
(4) sell, trade, transfer between agencies, or otherwise dispose of surplus, obsolete, or unused supplies and make proper adjustments in the accounts of agencies concerned;
(5) establish and maintain programs for the inspection, testing, and acceptance of supplies and services and the testing of samples submitted with bids;
(6) prescribe standard forms for bids and contracts; and
(7) provide for other matters that may be necessary to carry out the provisions of this chapter and the regulations adopted under this chapter.
(c) While a person performs the duties of the chief procurement officer under this chapter, the person may not be employed in or appointed to another position with the state.
(d) The annual salary of the chief procurement officer is range 25 of the salary schedule established in AS 39.27.011.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 1. Organization of State Procurement. › Sec. 36.30.020. Legislature.

The legislative council shall adopt and publish procedures to govern the procurement of supplies, services, professional services, and construction by the legislative branch. The procedures must be based on the competitive principles consistent with this chapter and must be adapted to the special needs of the legislative branch as determined by the legislative council. The procedures must contain provisions for prohibiting procurement from a person that has headquarters in a country listed in Tier 3 of the most recent Trafficking in Persons Report published by the United States Secretary of State under 22 U.S.C. 7107(b)(1)(C). The procedures may contain provisions for restricting procurement from a person that conducts business in but does not have headquarters in a country listed in Tier 3 of the most recent Trafficking in Persons Report published by the United States Secretary of State under 22 U.S.C. 7107(b)(1)(C). The procedures must be consistent with the provisions of AS 36.30.080(c) - (e) and 36.30.085. Notwithstanding the other provisions of this section, the legislative agencies subject to the legislative council's regulations shall comply with the five percent preference under AS 36.30.321(a).
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 1. Organization of State Procurement. › Sec. 36.30.030. Court system.

The administrative director of the Alaska Court System shall adopt and publish procedures to govern the procurement of supplies, services, professional services, and construction by the judicial branch. The procedures must be based on the competitive principles consistent with this chapter and must be adapted to the special needs of the judicial branch as determined by the administrative director of the Alaska Court System. The procedures must contain provisions for prohibiting procurement from a person that has headquarters in a country listed in Tier 3 of the most recent Trafficking in Persons Report published by the United States Secretary of State under 22 U.S.C. 7107(b)(1)(C). The procedures may contain provisions for restricting procurement from a person that conducts business in but does not have headquarters in a country listed in Tier 3 of the most recent Trafficking in Persons Report published by the United States Secretary of State under 22 U.S.C. 7107(b)(1)(C). The procedures must be consistent with the provisions of AS 36.30.080(c) - (e) and 36.30.085. Notwithstanding the other provisions of this section, the judicial branch shall comply with the five percent preference under AS 36.30.321(a).
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 1. Organization of State Procurement. › Sec. 36.30.040. Procurement regulations.

(a) The commissioner shall adopt regulations governing the procurement, management, and control of supplies, services, professional services, and construction by agencies. The regulations must contain provisions for prohibiting procurement from a person that has headquarters in a country listed in Tier 3 of the most recent Trafficking in Persons Report published by the United States Secretary of State under 22 U.S.C. 7107(b)(1)(C). The regulations may contain provisions for restricting procurement from a person that conducts business in but does not have headquarters in a country listed in Tier 3 of the most recent Trafficking in Persons Report published by the United States Secretary of State under 22 U.S.C. 7107(b)(1)(C). The commissioner may audit and monitor the implementation of the regulations and the requirements of this chapter with respect to using agencies.
(b) The commissioner shall adopt regulations pertaining to
(1) suspension, debarment, and reinstatement of prospective bidders and contractors;
(2) bid protests;
(3) conditions and procedures for the procurement of perishables and items for resale;
(4) conditions and procedures for the use of source selection methods authorized by this chapter, including single source procurements, emergency procurements, and small procurements;
(5) the opening or rejection of bids and offers, and waiver of informalities in bids and offers;
(6) confidentiality of technical data and trade secrets submitted by actual or prospective bidders or offerors;
(7) partial, progressive, and multiple awards;
(8) storerooms and inventories, including determination of appropriate stock levels and the management of agency supplies;
(9) transfer, sale, or other disposal of supplies;
(10) definitions and classes of contractual services and procedures for acquiring them;
(11) providing for conducting price analysis;
(12) use of payment and performance bonds in connection with contracts for supplies, services, and construction;
(13) guidelines for use of cost principles in negotiations, adjustments, and settlements;
(14) conditions under which an agency may use the services of an employment program;
(15) a bidder's or offeror's duties under this chapter; and
(16) the elimination and prevention of discrimination in state contracting because of race, religion, color, national origin, sex, age, marital status, pregnancy, parenthood, disability, or political affiliation.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 1. Organization of State Procurement. › Sec. 36.30.060. Specifications.

(a) The commissioner shall adopt regulations governing the preparation, revision, and content of specifications for supplies, services, professional services, and construction required by an agency. The commissioner shall monitor the use of these specifications.
(b) Specifications for construction of highways must conform as closely as practicable to those adopted by the American Association of State Highway and Transportation Officials.
(c) The commissioner may obtain expert advice and assistance from personnel of using agencies in the development of specifications. Specifications must promote overall economy for the purposes intended and encourage competition in satisfying the state's needs, and may not be unduly restrictive. The requirements of this subsection regarding the purposes and nonrestrictiveness of specifications apply to all specifications, including those prepared by architects, engineers, designers, and other professionals.
(d) In this section, “specification” means a description of the physical or functional characteristics, or of the nature of a supply, service, professional service, or construction project; it may include requirements for licensing, inspecting, testing, and delivery.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 1. Organization of State Procurement. › Sec. 36.30.070. Supply management.

The commissioner shall adopt regulations governing the
(1) management of supplies during their entire life cycle;
(2) sale, lease, or disposal of surplus supplies by public auction, competitive sealed bidding, or other appropriate method;
(3) purchase of surplus supplies by an employee of the using or disposing agency; and
(4) transfer of excess supplies.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 1. Organization of State Procurement. › Sec. 36.30.080. Leases.

(a) The Department of Transportation and Public Facilities shall lease space for the use of the state or an agency wherever it is necessary and feasible, subject to compliance with the requirements of this chapter. A lease may not provide for a period of occupancy greater than 40 years. An agency requiring office, warehouse, or other space shall lease the space through the Department of Transportation and Public Facilities.
(b) [Repealed, § 11 ch 75 SLA 1994.]
(c) If the Department of Transportation and Public Facilities, the Board of Regents of the University of Alaska, the legislative council, or the supreme court intends to enter into or renew a lease of real property with an annual rent to the Department of Transportation and Public Facilities, University of Alaska, legislative council, or supreme court that is anticipated to exceed $500,000, or with total lease payments that exceed $2,500,000 for the full term of the lease, including any renewal options that are defined in the lease, the Department of Transportation and Public Facilities, the Board of Regents, the legislative council, or supreme court shall provide notice to the legislature. The notice must include the anticipated annual lease obligation amount and the total lease payments for the full term of the lease. The Department of Transportation and Public Facilities, the Board of Regents, the legislative council, and the supreme court may not enter into or renew a lease of real property
(1) requiring notice under this subsection unless the proposed lease or renewal of a lease has been approved by the legislature by law; an appropriation for the rent payable during the initial period of the lease or the initial period of lease renewal constitutes approval of the proposed lease or renewal of a lease for purposes of this paragraph;
(2) under this subsection if the total of all optional renewal periods provided for in the lease exceeds the original term of the lease exclusive of the total period of all renewal options.
(d) When evaluating proposals for a lease of space, the Department of Transportation and Public Facilities shall consider, in addition to lease costs, the life cycle costs, function, indoor environment, public convenience, planning, design, appearance, and location of the proposed building.
(e) When considering leasing space, the Department of Transportation and Public Facilities should consider whether leasing is likely to be the least costly means to provide the space.
(f) When acquiring leased space of 7,000 square feet or less, the Department of Transportation and Public Facilities may procure the leased space using the procedures for small procurements under AS 36.30.320, providing public notice is given to prospective offerors in the market area.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 1. Organization of State Procurement. › Sec. 36.30.083. Lease extensions authorized.

(a) Notwithstanding any other provision of this chapter, the Department of Transportation and Public Facilities, the Board of Regents of the University of Alaska, the legislative council, or the court system may extend a real property lease that is entered into under this chapter for up to 10 years if a minimum cost savings of at least 10 percent below the market rental value of the real property at the time of the extension would be achieved on the rent due under the lease. The market rental value must be established by a real estate broker's opinion of the rental value or by an appraisal of the rental value.
(b) The Department of Transportation and Public Facilities, the University of Alaska, the court system, and the Legislative Affairs Agency shall submit individually an annual report to the Legislative Budget and Audit Committee detailing the leases extended and the cost savings achieved by that entity under (a) of this section. The reports are due August 31 of each year.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 1. Organization of State Procurement. › Sec. 36.30.085. Lease-purchase agreements.

(a) To perform its duties and statutory functions, the Department of Transportation and Public Facilities, the Board of Regents of the University of Alaska, the legislative council, or the supreme court may enter into lease-purchase agreements for real property. The Department of Transportation and Public Facilities, the Board of Regents, the legislative council, or the supreme court may enter into a lease-purchase agreement only if the Department of Transportation and Public Facilities, the Board of Regents, the legislative council, or the supreme court is the lessee under the agreement.
(b) When evaluating proposals to acquire or improve real property under a lease-purchase agreement, the Department of Transportation and Public Facilities, the Board of Regents, the legislative council, or the supreme court shall consider
(1) in addition to lease costs, the life cycle costs, function, indoor environment, public convenience, planning, design, appearance, and location of the real property proposed for acquisition or improvement; and
(2) whether acquisition or improvement of the real property by lease-purchase agreement is likely to be the least costly means to provide the space.
(c) A lease-purchase agreement
(1) may not provide for a period of occupancy under the full term of the lease-purchase agreement that is greater than 40 years;
(2) must provide that lease payments made by the Department of Transportation and Public Facilities, the Board of Regents, the legislative council, or the supreme court are subject to annual appropriation.
(d) If the Department of Transportation and Public Facilities, Board of Regents, legislative council, or supreme court intends to enter into or renew a lease-purchase agreement for real property, the Department of Transportation and Public Facilities, Board of Regents, legislative council, or supreme court shall provide notice to the legislature. The notice must include the
(1) anticipated total construction, acquisition, or other costs of the project;
(2) anticipated annual amount of the rental obligation; and
(3) total lease payments for the full term of the lease-purchase agreement.
(e) The Department of Transportation and Public Facilities, the Board of Regents, the legislative council, or the supreme court may not enter into a lease-purchase agreement to acquire or improve real property unless the agreement has been approved by the legislature by law.
(f) The provisions of (d) and (e) of this section do not apply to a lease-purchase agreement
(1) related to the refinancing of an outstanding balance owing on an existing lease-purchase agreement; or
(2) by the University of Alaska if the lease-purchase agreement is secured by student fees or university receipts as defined in AS 14.40.491.
(g) In this section,
(1) “full term of the lease-purchase agreement” includes all renewal options that are defined within the lease-purchase agreement;
(2) “lease-purchase agreement” includes a lease-financing agreement.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 1. Organization of State Procurement. › Sec. 36.30.086. Lease-purchase of personal property.

(a) To perform its duties and statutory functions, an agency, the Board of Regents of the University of Alaska, the legislative council, the Legislative Budget and Audit Committee, the office of victims' rights, the office of the ombudsman, or the supreme court may enter into lease-purchase agreements for the acquisition of equipment or other personal property. The government entity is the lessee under the agreement.
(b) If a government entity enters into a lease-purchase agreement under (a) of this section that exceeds $100,000 in payments by the state, the government entity shall provide notice to the presiding officers and finance committee chairs of the house and senate. The notice must describe the property that is the subject of the agreement and must set out the terms of the lease-purchase.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 2. Competitive Sealed Bidding. › Sec. 36.30.100. General policy.

(a) Except as otherwise provided in this chapter, or unless specifically exempted by law, an agency contract shall be awarded by competitive sealed bidding.
(b) [Repealed, § 48 ch 137 SLA 1996.]
(c) [Repealed, § 20 ch 102 SLA 1989.]
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 2. Competitive Sealed Bidding. › Sec. 36.30.110. Invitation to bid.

(a) When competitive sealed bidding is used, the procurement officer shall issue an invitation to bid. It must include a time, place, and date by which the bid must be received, purchase description, and a description of all contractual terms and conditions applicable to the procurement.
(b) The bidder shall have a valid Alaska business license at the time the contract is awarded. To qualify as an Alaska bidder under AS 36.30.321, a bidder shall have a valid Alaska business license at the time designated in the invitation to bid for bid opening. A bidder for a construction contract shall also submit proof of the bidder's registration under AS 08.18 before the contract may be awarded.
(c) If the commissioner of transportation and public facilities makes a written finding that the release of the estimated cost of a construction contract would adversely affect the state's ability to obtain the best competitive bid, the estimated cost is confidential information and may not be released to the public before bid opening.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 2. Competitive Sealed Bidding. › Sec. 36.30.120. Bid security.

(a) Bid security shall be required for all competitive sealed bidding for construction contracts when the price is estimated by the procurement officer to exceed an amount established by regulation of the commissioner. Bid security on construction contracts under the amount set by the commissioner may be required when the circumstances warrant. Bid security may be required for competitive sealed bidding for contracts for supplies, services, or professional services in accordance with regulations of the commissioner when needed for the protection of the state.
(b) Bid security must be a bond provided by a surety company authorized to do business in the state or otherwise supplied in a form satisfactory to the commissioner. Bid security must be in an amount equal to at least five percent of the amount of the bid.
(c) When the invitation to bid requires security, the procurement officer shall reject a bid that does not comply with the bid security requirement unless, in accordance with regulations, the officer determines that the bid fails to comply in a nonsubstantial manner with the security requirements.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 2. Competitive Sealed Bidding. › Sec. 36.30.130. Public notice of invitation to bid.

(a) The procurement officer shall give adequate public notice of the invitation to bid at least 21 days before the date for the opening of bids. If the procurement officer determines in writing that a shorter notice period is advantageous for a particular bid and adequate competition is anticipated, the 21-day period may be shortened. Notice shall be posted on the Alaska Online Public Notice System (AS 44.62.175). The time and manner of notice must be in accordance with regulations adopted by the commissioner of administration. When practicable, notice may include
(1) publication in a newspaper calculated to reach prospective bidders; and
(2) notices posted in public places within the area where the work is to be performed or the material furnished.
(b) Failure to comply with the notice requirements of this section does not invalidate a bid or the award of a contract. If the state fails to substantially comply with the requirements of (a) of this section, the state is liable for damages caused by that failure.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 2. Competitive Sealed Bidding. › Sec. 36.30.140. Bid opening.

(a) The procurement officer shall open bids at the time and place designated in the invitation to bid. All bid openings are open to the public. The amount of each bid and other relevant information that is specified by regulation of the commissioner, together with the name of each bidder, shall be recorded.
(b) The information recorded under (a) of this section is open to public inspection as soon as practicable before the notice of intent to award a contract is given under AS 36.30.365. The bids are not open for public inspection until after the notice of intent to award a contract is given. To the extent the bidder designates and the procurement officer concurs, trade secrets and other proprietary data contained in a bid document are confidential.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 2. Competitive Sealed Bidding. › Sec. 36.30.150. Bid acceptance and bid evaluation.

(a) Bids shall be unconditionally accepted without alteration or correction, except as authorized in AS 36.30.160. The procurement officer shall evaluate bids based on the requirements set out in the invitation to bid, which may include criteria to determine acceptability such as inspection, testing, quality, delivery, and suitability for a particular purpose. The criteria that will affect the bid price and be considered in evaluation for award must be objectively measurable, such as discounts, transportation costs, and total or life cycle costs. The invitation to bid must set out the evaluation criteria to be used. Criteria may not be used in bid evaluation if they are not set out in the invitation to bid.
(b) [Repealed, § 11 ch 37 SLA 1993.]
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 2. Competitive Sealed Bidding. › Sec. 36.30.160. Late bids; correction or withdrawal of bids; cancellation of awards.

(a) Bids received after the bid due date and time indicated on the invitation to bid may not be accepted unless the delay was due to an error of the contracting agency.
(b) Correction or withdrawal of inadvertently erroneous bids before or after bid opening, or cancellation of awards or contracts based on bid mistakes may be permitted in accordance with regulations adopted by the commissioner. After bid opening, changes in bid prices or other provisions of bids prejudicial to the interest of the state or fair competition may not be permitted. Except as otherwise provided by regulation, a decision to permit the correction or withdrawal of a bid, or to cancel an award or contract based on bid mistake, shall be supported by a written determination made by the procurement officer. If a bidder is permitted to withdraw a bid before award, an action may not be maintained against the bidder or the bid security.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 2. Competitive Sealed Bidding. › Sec. 36.30.170. Contract award after bids.

After applying any preferences that apply under AS 36.15.050 and AS 36.30.321 - 36.30.338, a procurement officer shall award a contract based on the solicited bids with reasonable promptness by written notice to the lowest responsible and responsive bidder whose bid conforms in all material respects to the requirements and criteria set out in the invitation to bid.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 2. Competitive Sealed Bidding. › Sec. 36.30.180. Purpose.

The legislature finds that there exists in the state continuing high unemployment, underutilization of resident construction and supply firms, and high costs unfavorable to the welfare of Alaskans and to the economic health of the state. The purpose of bidder preference for resident firms when the state acts as a market participant is to encourage local industry, strengthen and stabilize the economy, decrease unemployment, and strengthen the tax and revenue base of the state.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 2. Competitive Sealed Bidding. › Sec. 36.30.190. Multi-step sealed bidding.

When it is considered impractical to initially prepare a definitive purchase description to support an award based on price, the procurement officer may issue an invitation to bid requesting the submission of unpriced technical offers to be followed by an invitation to bid limited to the bidders whose offers are determined to be technically qualified under the criteria set out in the first solicitation.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 3. Competitive Sealed Proposals. › Sec. 36.30.200. Conditions for use.

(a) Except as otherwise provided in this chapter, or unless specifically exempted by law, an agency contract shall be awarded by competitive sealed proposals if it is not awarded by competitive sealed bidding.
(b) The commissioner may provide by regulation that it is either not practicable or not advantageous to the state to procure specified types of supplies, services, or construction by competitive sealed bidding that would otherwise be procured by that method. When the procurement officer determines in writing with particularity that the use of competitive sealed proposals is more advantageous to the state than competitive sealed bidding, a contract may be entered into by competitive sealed proposals.
(c) When the commissioner of transportation and public facilities determines that it is advantageous to the state, a procurement officer may issue a request for proposals requesting the submission of offers to provide
(1) construction in accordance with a design provided by the offeror; request for proposals issued under this paragraph must require that each proposal submitted contain a single price that includes the design-build; or
(2) preconstruction and construction services under a single construction manager general contractor contract awarded under AS 36.30.309.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 3. Competitive Sealed Proposals. › Sec. 36.30.210. Request for proposals.

(a) A request for competitive sealed proposals must contain the date, time, and place for delivering proposals, a specific description of the supplies, construction, services, or professional services to be provided under the contract, and the terms under which the supplies, construction, services, or professional services are to be provided.
(b) An offeror for a construction contract shall submit proof of the offeror's registration as a contractor under AS 08.18 before the contract may be awarded. A request for sealed proposals for a construction contract, except a design-build construction contract, must require the offeror, not later than five working days after the proposal that is the most advantageous to the state is identified, to list subcontractors the offeror proposes to use in the performance of the construction contract. The list must include the information required under AS 36.30.115(a). The provisions of AS 36.30.115(b) - (g) that apply to a construction contractor or an apparent low bidder apply to offerors submitting competitive sealed proposals for construction contracts, except design-build construction contracts.
(c) A request for proposals must contain that information necessary for an offeror to submit a proposal or contain references to any information that cannot reasonably be included with the request. The request must provide a description of the factors that will be considered by the procurement officer when evaluating the proposals received, including the relative importance of price and other evaluation factors.
(d) Notice of a request for proposals shall be given in accordance with procedures under AS 36.30.130. The procurement officer may use additional means considered appropriate to notify prospective offerors of the intent to enter into a contract through competitive sealed proposals.
(e) The offeror shall have a valid Alaska business license at the time the contract is awarded. To qualify as an Alaska bidder under AS 36.30.321, an offeror shall have a valid Alaska business license at the time designated in the request for proposals for opening of the proposals.
(f) In this section, “construction contractor” has the meaning given in AS 36.30.115.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 3. Competitive Sealed Proposals. › Sec. 36.30.220. Standard overhead rate.

(a) An agency that provides services to another agency under a contract covered by this chapter shall establish a standard overhead rate. If an agency submits a proposal in response to a request for competitive sealed proposals, the agency must include its standard overhead rate within its proposal.
(b) In this section, “standard overhead rate” means a charge established for services and professional services from an agency that is designed to compensate the agency for administration and support services incidentally provided with the services contracted for.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 3. Competitive Sealed Proposals. › Sec. 36.30.230. Disclosure of proposals; return of proposals.

(a) The procurement officer shall open proposals so as to avoid disclosure of contents to competing offerors before notice of intent to award a contract is issued. A register of proposals containing the name and address of each offeror shall be prepared in accordance with regulations adopted by the commissioner. The register and the proposals are open for public inspection after the notice of intent to award a contract is issued under AS 36.30.365. To the extent that the offeror designates and the procurement officer concurs, trade secrets and other proprietary data contained in the proposal documents are confidential.
(b) If a solicitation is cancelled under AS 36.30.350 after proposals are received but before a notice of intent to award a contract has been issued under AS 36.30.365, a protest of the solicitation or of the cancellation of the solicitation has not been filed by an interested party under AS 36.30.560, and the time specified in AS 36.30.565(a) for filing such a protest has expired, the procurement officer may return a proposal to the offeror that made the proposal. The procurement officer shall keep a list of returned proposals in the file for the solicitation.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 3. Competitive Sealed Proposals. › Sec. 36.30.240. Discussion with responsible offerors and revisions to proposals.

As provided in the request for proposals, and under regulations adopted by the commissioner, discussions may be conducted with responsible offerors who submit proposals determined to be reasonably susceptible of being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to, the solicitation requirements. Offerors reasonably susceptible of being selected for award shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals, and revisions may be permitted after submissions and before the award of the contract for the purpose of obtaining best and final offers. In conducting discussions, the procurement officer may not disclose information derived from proposals submitted by competing offerors. AS 44.62.310 does not apply to meetings with offerors under this section.