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2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 3. Competitive Sealed Proposals. › Sec. 36.30.250. Award of contract.

(a) The procurement officer shall award a contract under competitive sealed proposals to the responsible and responsive offeror whose proposal is determined in writing to be the most advantageous to the state taking into consideration price and the evaluation factors set out in the request for proposals. Other factors and criteria may not be used in the evaluation. The contract file must contain the basis on which the award is made.
(b) [Repealed, § 26 ch 59 SLA 2013.]
(c) Notwithstanding (a) of this section, the Department of Transportation and Public Facilities may include factors in addition to price as evaluation factors when awarding a construction manager general contractor contract under AS 36.30.309.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 3. Competitive Sealed Proposals. › Sec. 36.30.260. Contract contents.

A contract awarded under competitive sealed proposals must contain
(1) a statement of the amount of the contract;
(2) the date for the supplies to be delivered or the dates for construction, services, or professional services to begin and be completed;
(3) a description of the supplies, construction, services, or professional services to be provided; and
(4) certification by the project director for the contracting agency, the head of the contracting agency, or a designee that sufficient money is available in an appropriation to be encumbered for the amount of the contract.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 3. Competitive Sealed Proposals. › Sec. 36.30.265. Multi-step sealed proposals.

When it is considered impractical to initially prepare a definitive purchase description to support an award based on listed selection criteria, the procurement officer may issue an expression of interest requesting the submission of unpriced technical offers, and then later issue a request for proposals limited to the offerors whose offers are determined to be technically qualified under the criteria set out in the expression of interest.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 3. Competitive Sealed Proposals. › Sec. 36.30.270. Architectural, engineering, and land surveying contracts.

(a) Notwithstanding conflicting provisions of AS 36.30.100 - 36.30.260, a procurement officer shall negotiate a contract for an agency with the most qualified and suitable firm or person of demonstrated competence for architectural, engineering, or land surveying services. The procurement officer shall award a contract for those services at fair and reasonable compensation as determined by the procurement officer, after consideration of the estimated value of the services to be rendered, and the scope, complexity, and professional nature of the services. When determining the most qualified and suitable firm or person, the procurement officer shall consider the
(1) proximity to the project site of the office of the firm or person unless federal law prohibits this factor from being considered in the awarding of the contract; and
(2) employment practices of the firm or person with regard to women and minorities.
(b) If negotiations with the most qualified and suitable firm or person under (a) of this section are not successful, the procurement officer shall negotiate a contract with other qualified firms or persons of demonstrated competence, in order of public ranking. The procurement officer may reject all or part of a proposal.
(c) This section does not apply to contracts awarded in a situation of public necessity if the procurement officer certifies in writing that a situation of public necessity exists.
(d) Notwithstanding the other provisions of this section, a procurement officer may include price as an added factor in selecting architectural, engineering, and land surveying services when, in the judgment of the procurement officer, the services required are repetitious in nature, and the scope, nature, and amount of services required are thoroughly defined by measurable and objective standards to reasonably enable firms or persons making proposals to compete with a clear understanding and interpretation of the services required. In order to include price as a factor in selection, a majority of the persons involved by the procurement officer in evaluation of the proposals must be registered in the state to perform architectural, engineering, or land surveying services.
(e) This section does not apply to a contract that incorporates both design services and construction.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 4. Other Procurement Methods. › Sec. 36.30.300. Single source procurements.

(a) A contract may be awarded for supplies, services, professional services, or construction without competitive sealed bidding, competitive sealed proposals, or other competition in accordance with regulations adopted by the commissioner. A contract may be awarded under this section only when the chief procurement officer or, for construction contracts, leases of space, or procurements for the state equipment fleet, the commissioner of transportation and public facilities determines in writing that
(1) it is not practicable to award a contract by competitive sealed bidding under AS 36.30.100, competitive sealed proposals under AS 36.30.200, or limited competition under AS 36.30.305; and
(2) award of the contract under this section is in the state's best interest.
(b) The using agency shall submit written evidence to support a request for a single source procurement. The commissioner of administration or the commissioner of transportation and public facilities, as appropriate, may also require the submission of cost or pricing data in connection with an award under this section.
(c) To the extent practicable, the procurement officer shall negotiate with the single source to obtain contract terms advantageous to the state.
(d) Procurement requirements may not be aggregated or structured so as to constitute a purchase under this section or to circumvent the source selection procedures required by AS 36.30.100 - 36.30.270.
(e) Except for procurements of supplies, services, professional services, or construction that do not exceed the amount for small procurements under AS 36.30.320(a) as applicable, the authority to make a determination required by this section may not be delegated, even if the authority to contract is delegated under AS 36.30.015(a) and (b).
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 4. Other Procurement Methods. › Sec. 36.30.305. Limited competition procurements.

(a) A construction contract under $100,000, or a contract for supplies, services, or professional services, may be awarded without competitive sealed bidding or competitive sealed proposals, in accordance with regulations adopted by the commissioner. A contract may be awarded under this section only when the chief procurement officer determines in writing that a situation exists that makes competitive sealed bidding or competitive sealed proposals impractical or contrary to the public interest, except that the attorney general, the public defender, or the director of the office of public advocacy as provided in AS 36.30.015(k) may make the determination for services of legal counsel, and the commissioner of transportation and public facilities may make the determination for construction contracts under $100,000, leases of space, or procurements for the state equipment fleet. Procurements under this section shall be made with competition that is practicable under the circumstance. Except for procurements of supplies, services, professional services, or construction that do not exceed the amount for small procurements under AS 36.30.320(a), as applicable, the authority to make a determination required by this section may not be delegated.
(b) The using agency shall submit written evidence to support a determination under this section.
(c) Procurement requirements may not be artificially divided, fragmented, aggregated, or structured so as to constitute a purchase under this section or to circumvent the source selection procedures required by AS 36.30.100 - 36.30.270.
(d) Single source procurements may not be made under this section.
(e) Architectural, engineering, and land survey contracts under AS 36.30.270 may not be made under this section.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 4. Other Procurement Methods. › Sec. 36.30.308. Innovative procurements.

(a) A contract may be awarded for supplies, services, professional services, or construction using an innovative procurement process, with or without competitive sealed bidding or competitive sealed proposals, in accordance with regulations adopted by the commissioner. A contract may be awarded under this section only when the chief procurement officer, or, for construction contracts or procurements of the state equipment fleet or leasing of space for the executive branch of state government, the commissioner of transportation and public facilities, determines in writing that it is advantageous to the state to use an innovative competitive procurement process in the procurement of new or unique requirements of the state, new technologies, or to achieve best value.
(b) The procurement officer shall submit a procurement plan to the Department of Law for review and approval as to form before issuing the notice required by (c) of this section.
(c) A procurement under this section is subject to the requirements of AS 36.30.130.
(d) Nothing in this section precludes the adoption of regulations providing for the use of bonuses instead of preferences in a procurement of construction.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 4. Other Procurement Methods. › Sec. 36.30.309. Preconstruction services; construction manager general contractor contract.

(a) The department may award by competitive sealed proposals a construction manager general contractor contract in which the department awards a two-phase contract for a construction manager to be responsible for providing preconstruction services during the design phase of the project and, if an agreed-on price for constructing the project is reached, general contractor services during the construction phase. The department may award the contractor providing preconstruction services under the contract with the second phase of the contract to provide construction services in accordance with this section and regulations adopted by the commissioner of transportation and public facilities without any further competitive sealed bidding or competitive sealed proposal process.
(b) A contractor awarded a construction manager general contractor contract under this section is responsible for providing preconstruction services for the applicable project. Once awarded a construction manager general contractor contract, the contractor may negotiate with the department to provide construction services for the applicable project. If the contractor and the department reach an agreed-on price for the construction services under the second phase of the contract, the department shall award the contractor phase two of the contract to provide construction services.
(c) If the contractor providing preconstruction services and the department do not agree on a price for providing construction services, the department may seek an alternative contractor using a process authorized under this chapter. The department may prohibit the contractor providing preconstruction services from participating in the subsequent process.
(d) In this section, “department” means the Department of Transportation and Public Facilities.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 4. Other Procurement Methods. › Sec. 36.30.310. Emergency procurements.

Procurements may be made under emergency conditions as defined in regulations adopted by the commissioner when there exists a threat to public health, welfare, or safety, when a situation exists that makes a procurement through competitive sealed bidding or competitive sealed proposals impracticable or contrary to the public interest, or to protect public or private property. An emergency procurement need not be made through competitive sealed bidding or competitive sealed proposals but shall be made with competition that is practicable under the circumstances. A written determination by the chief procurement officer, or, for construction contracts, leases of real property, or procurements for the state equipment fleet, the commissioner of transportation and public facilities, of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file. The written determination must include findings of fact that support the determination. Except when there is insufficient time for the chief procurement officer to make the written determination required by this section, the chief procurement officer may not delegate the authority to make the determination.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 4. Other Procurement Methods. › Sec. 36.30.313. Procurements provided through employment of prison inmates.

A procurement of products or services provided through the employment of prison inmates under AS 33.30.191 may be made without competitive sealed bidding or competitive sealed proposals, in accordance with regulations adopted by the commissioner.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 4. Other Procurement Methods. › Sec. 36.30.315. Determinations; false statements; criminal penalty.

(a) In a determination made by a state official under AS 36.30.300 - 36.30.310, the state official making the determination shall independently examine the material facts of the procurement and independently determine whether the procurement is eligible for the procurement method requested.
(b) If a state official knowingly makes a false statement in a determination made under AS 36.30.300 - 36.30.310, the state official is guilty of a class A misdemeanor.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 4. Other Procurement Methods. › Sec. 36.30.320. Small procurements.

(a) A procurement for supplies, services, or professional services that does not exceed an aggregate dollar amount of $100,000, construction that does not exceed an aggregate dollar amount of $200,000, or lease of space that does not exceed 7,000 square feet shall be made under regulations adopted by the commissioner for small procurements.
(b) [Repealed, § 48 ch 137 SLA 1996.]
(c) Small procurements need not be made through competitive sealed bidding or competitive sealed proposals but shall be made with competition that is practicable under the circumstances.
(d) Procurement requirements may not be artificially divided or fragmented so as to constitute a purchase under this section or to circumvent the source selection procedures required by AS 36.30.100 - 36.30.270.
(e) The procurement officer shall give adequate public notice of intent to make a procurement under this section in accordance with regulations adopted by the commissioner.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 5. Preferences. › Sec. 36.30.322. Use of local forest products.

(a) Only timber, lumber, and manufactured lumber products originating in this state from Alaska forests may be procured by an agency or used in construction projects of an agency unless
(1) the manufacturers and suppliers who have notified the commissioner of commerce, community, and economic development of their willingness to manufacture or supply Alaska forest products have been given reasonable notice of the forest product needs of the procurement or project; and
(2) a manufacturer or supplier who has notified the commissioner of commerce, community, and economic development of its willingness to manufacture or supply Alaska forest products is not the low bidder after all applicable preferences have been applied to the price of the qualifying forest product under AS 36.30.336.
(b) The provisions of AS 36.30.326 - 36.30.332 do not apply to procurements of timber, lumber, and manufactured lumber products or the use of those items in construction projects of an agency.
(c) During the period of performance of a state contract, the contractor shall maintain records showing efforts made in using Alaska forest products or evidence of Alaska forest products not being available or reasonably competitive. The contractor shall provide the records to the procurement officer on a periodic basis, as required by regulations adopted by the commissioner of commerce, community, and economic development.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 5. Preferences. › Sec. 36.30.326. Contract specifications.

Contract specifications for a procurement for an agency must include a provision that a bidder or offeror that designates in a bid or proposal the use of Alaska products identified in the specifications will receive the preference granted under AS 36.30.328 in the evaluation of the bid or proposal if the designated Alaska products meet the contract specifications.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 5. Preferences. › Sec. 36.30.328. Grant of Alaska products preference.

In the evaluation of a bid or proposal for a procurement for an agency, a bid or offer that designates the use of Alaska products identified in the contract specifications and designated as Class I, Class II, or Class III state products under AS 36.30.332 is decreased by the percentage of the value of the designated Alaska products under AS 36.30.332.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 5. Preferences. › Sec. 36.30.330. Penalty for failing to use designated products.

(a) If a successful bidder or offeror who designates the use of an Alaska product in a bid or proposal for a procurement for an agency fails to use the designated product for a reason within the control of the successful bidder or offeror, each payment under the contract shall be reduced according to the following schedule:
(1) for a Class I designated Alaska product - four percent;
(2) for a Class II designated Alaska product - six percent;
(3) for a Class III designated Alaska product - eight percent.
(b) A person is not a responsible bidder or offeror if, in the preceding three years, the person has twice designated the use of an Alaska product in a bid or proposal for a procurement for an agency and has each time failed to use the designated Alaska product for reasons within the control of the bidder or offeror.
(c) The procurement officer shall report to the commissioner of commerce, community, and economic development each contractor penalized under (a) of this section. The commissioner of commerce, community, and economic development shall maintain a list of contractors determined not to be responsible bidders under (b) of this section.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 5. Preferences. › Sec. 36.30.331. Delivery of supplies.

Supplies purchased under this chapter shall be delivered at a location within the state unless the department determines that a point of delivery outside the state would be in the best interest of the state. A bid or proposal involving the procurement of supplies must specify the delivery location and must state that the price is the delivered price at that location.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 5. Preferences. › Sec. 36.30.332. Classification of Alaska products.

(a) The commissioner of commerce, community, and economic development shall adopt regulations establishing the value added in the state for materials and supplies produced or manufactured in the state that are used in a state procurement and establishing whether a product qualifies as a recycled Alaska product. The commissioner shall publish a list of the products annually. A supplier may request inclusion of its product on the appropriate list.
(b) Materials and supplies with value added in the state that are
(1) more than 25 percent and less than 50 percent produced or manufactured in the state are Class I products;
(2) 50 percent or more and less than 75 percent produced or manufactured in the state are Class II products; and
(3) 75 percent or more produced or manufactured in the state are Class III products.
(c) In a bid or proposal evaluation a
(1) Class I product is given a three percent preference;
(2) Class II product is given a five percent preference;
(3) Class III product is given a seven percent preference.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 5. Preferences. › Sec. 36.30.333. Procurement of paper.

Except as otherwise required under AS 36.15.050, AS 36.30.322 - 36.30.332, and 36.30.334 - 36.30.338, when a state agency purchases paper, at least 25 percent of the quantity purchased must be recycled paper unless recycled paper is not available for the purchase or unless, after application of the procurement preference under AS 36.30.337, the recycled paper is more expensive than the nonrecycled paper.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 5. Preferences. › Sec. 36.30.336. Application of preferences.

(a) Except as provided in AS 36.15.050(g) and AS 36.30.321(g), the preferences provided in AS 36.15.050 and AS 36.30.321 - 36.30.338 are cumulative. A bidder who would otherwise qualify for preferences under AS 36.30.321 may not be given a preference over another bidder who qualifies for the same preferences.
(b) Notwithstanding the other provisions of this chapter, AS 36.30.321 - 36.30.338 apply to all procurements subject to this chapter, except as provided in AS 36.15.050(h) and AS 36.30.322(b).
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 5. Preferences. › Sec. 36.30.337. Procurement preference for recycled products.

(a) In the evaluation of a bid or proposal for an agency procurement of products, the agency shall decrease the bid or proposal by five percent if the bid or proposal indicates that the products being purchased will be recycled products.
(b) A decrease made under (a) of this section is in addition to other preferences allowed for the procurement.
(c) The department shall establish the minimum percentage of recycled content that will qualify a product as a recycled product under (a) of this section.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 5. Preferences. › Sec. 36.30.338. Definitions.

In AS 36.30.322 - 36.30.338,
(1) “Alaska product” means a product of which not less than 25 percent of the value, as determined in accordance with regulations adopted under AS 36.30.332(a), has been added by manufacturing or production in the state;
(2) “produced or manufactured” means processing, developing, or making an item into a new item with a distinct character and use through the application within the state of materials, labor, skill, or other services;
(3) “product” means materials or supplies but does not include gravel and asphalt;
(4) “recycled Alaska product” means an Alaska product of which not less than 50 percent of the value of the product consists of a product that was previously used in another product, if the recycling process is done in the state.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 6. Contract Formation and Modification. › Sec. 36.30.340. Review and approval by the Attorney General.

If a contract contains a term that is in conflict with a state standard form contract term or if a standard term is deleted or modified by a term that is not standard, the contract must be reviewed by the Attorney General and approved as to form.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 6. Contract Formation and Modification. › Sec. 36.30.350. Solicitation cancellation, bid and proposal rejection, and delay of opening bid or proposal.

An invitation to bid, a request for proposals, or other solicitation may be cancelled or any or all bids or proposals may be rejected in whole or in part or the date for opening bids or proposals may be delayed when it is in the best interests of the state in accordance with regulations adopted by the commissioner. The reasons for cancellation, rejection, or delay in opening bids or proposals shall be made part of the contract file.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 6. Contract Formation and Modification. › Sec. 36.30.360. Determination of nonresponsibility.

(a) A written determination of nonresponsibility of a bidder or offeror shall be made by the procurement officer in accordance with regulations adopted by the commissioner. The unreasonable failure of a bidder or offeror to promptly supply information in connection with an inquiry with respect to responsibility is grounds for a determination of nonresponsibility with respect to the bidder or offeror.
(b) Information furnished by a bidder or offeror under (a) of this section is confidential and may not be disclosed without prior written consent by the bidder or offeror.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 6. Contract Formation and Modification. › Sec. 36.30.362. Award of a contract to a nonresident.

Except for awards made under AS 36.30.170, if the procurement officer awards a contract to a person who does not reside or maintain a place of business in the state and if the supplies, services, professional services, or construction that is the subject of the contract could have been obtained from sources in the state, the procurement officer shall issue a written statement explaining the basis of the award. The statement required under this section shall be kept in the contract file.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 6. Contract Formation and Modification. › Sec. 36.30.365. Notice of intent to award a contract.

At least 10 days before the formal award of a contract that is not for construction, and at least five days before the award of a construction contract, under this chapter, except for a contract awarded under AS 36.30.300 - 36.30.320, the procurement officer shall provide to each bidder or offeror notice of intent to award a contract. The notice must conform to regulations adopted by the commissioner.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 6. Contract Formation and Modification. › Sec. 36.30.390. Contract term and cancellation.

(a) Unless otherwise provided by law, a contract for supplies, services, or professional services may be entered into for any period of time considered to be in the best interests of the state provided the term of the contract and conditions of renewal or extension, if any, are included in the solicitation and funds are available for the first fiscal period at the time of contracting. Payment and performance obligations for succeeding fiscal periods shall be subject to the availability and appropriation of funds for them.
(b) Before using a multi-term contract, the procurement officer shall determine in writing that
(1) estimated requirements cover the period of the contract and are reasonably firm and continuing; and
(2) the contract will serve the best interests of the state by encouraging effective competition or otherwise promoting economies in state procurement.
(c) When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, the contract shall be cancelled. The contractor may only be reimbursed for the reasonable value of any nonrecurring costs incurred but not amortized in the price of the supplies, services, or professional services delivered under the contract that are not otherwise recoverable. The cost of cancellation may be paid from any appropriations available for these purposes.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 6. Contract Formation and Modification. › Sec. 36.30.400. Required cost and pricing data and contract provisions.

(a) Before an award of a contract or a change order or contract modification, the contractor or prospective contractor shall submit cost and pricing data. The contractor or prospective contractor shall certify that, to the best of the contractor's or prospective contractor's knowledge and belief, the data submitted is accurate, complete, and current as of a mutually determined specified date and will continue to be accurate and complete during the performance of the contract.
(b) When a contractor becomes aware of a situation that may form the basis of a claim for compensation that exceeds the amount designated as the base amount of the contract and before performing additional work or supplying additional materials, the contractor shall submit cost and pricing data on the additional work or materials. The contractor shall certify that, to the best of the contractor's knowledge and belief, the data submitted is accurate, complete, and current and is the actual cost to the contractor of performing the additional work or supplying the additional materials.
(c) A contract, change order, or contract modification under which a certificate is required under (a) or (b) of this section must contain a provision that the price to the state, including the contractor's profit or fee, will be adjusted to exclude any significant sums by which the state finds that the price is increased because the cost or pricing data furnished by the contractor or prospective contractor is inaccurate, incomplete, or not current as of the date agreed upon by the parties.
(d) The requirements of (a) of this section do not apply when
(1) the contract price is based on adequate price competition;
(2) the contract price is set by law or regulation; or
(3) it is determined by the procurement officer in writing and in accordance with regulations adopted by the commissioner that the requirements of (a) of this section may be waived, and the reasons for waiver are stated.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 6. Contract Formation and Modification. › Sec. 36.30.420. Right to audit records.

(a) The state may, at reasonable times and places, audit the books and records of a person who has submitted cost or pricing data under AS 36.30.400 to the extent that the books and records relate to the cost or pricing data. A person who receives a contract, change order, or contract modification for which cost or pricing data is required, shall maintain books and records that relate to the cost or pricing data for three years after the date of final payment under the contract, unless a shorter period is authorized in writing by the commissioner.
(b) The state may audit the books and records of a contractor or a subcontractor to the extent that the books and records relate to the performance of the contract or subcontract. Books and records shall be maintained by the contractor for a period of three years after the date of final payment under the prime contract and by the subcontractor for a period of three years after the date of final payment under the subcontract, unless a shorter period is authorized in writing by the commissioner.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 6. Contract Formation and Modification. › Sec. 36.30.430. Contract clauses.

(a) The commissioner shall adopt regulations permitting the inclusion of clauses providing for adjustments in prices, time of performance, or other contract provisions as appropriate.
(b) The commissioner shall adopt regulations permitting or requiring the inclusion in state contracts of clauses providing for appropriate remedies and covering the following subjects:
(1) liquidated damages;
(2) specified excuses for delay or nonperformance;
(3) termination of the contract for default; and
(4) termination of the contract in whole or in part for the convenience of the state.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 6. Contract Formation and Modification. › Sec. 36.30.460. Modification of standard clauses.

The procurement officer or the head of a contracting agency may vary the clauses adopted under AS 36.30.430 for inclusion in a particular state contract if the
(1) variations are supported by a written determination that states the circumstances justifying the variation; and
(2) approval required by AS 36.30.340 is obtained.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 6. Contract Formation and Modification. › Sec. 36.30.470. Fiscal effects of construction contract modifications.

A contract modification, change order, or contract price adjustment under a construction contract in excess of an amount established by regulation of the commissioner is subject to prior written certification by the fiscal officer of the agency responsible for funding the project or the contract, or other official responsible for monitoring and reporting upon the status of the costs of the total project budget or contract budget, as to the effect of the contract modification, change order, or adjustment in contract price on the total project budget or the total contract budget. If the certification of the fiscal officer or other responsible official discloses a resulting increase in the total project budget or the total contract budget, the procurement officer may not approve the contract modification, change order, or adjustment in contract price unless sufficient funds are available, or the scope of the project or contract is adjusted to permit the degree of completion that is feasible within the total project budget or total contract budget as it existed before the contract modification, change order, or adjustment in contract price under consideration. A contract modification, change order, or adjustment in contract that is signed by both parties and has been reasonably relied on by a contractor is presumed to be valid even if the provisions of this section have not been met.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 6. Contract Formation and Modification. › Sec. 36.30.480. Establishment and modification of cost principles.

The commissioner shall adopt regulations setting out cost principles that shall be used to determine the allowability of incurred costs for the purpose of reimbursing costs under contract provisions that provide for the reimbursement of costs. If a written determination is approved at a level above the procurement officer, the cost principles may be modified by contract.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 7. Procurement Records and Reports. › Sec. 36.30.510. Records of contracts awarded under competitive sealed proposals.

A contract file open for public inspection shall be kept by the commissioner and the contracting agency for each contract awarded under competitive sealed proposals. The file kept by the commissioner must contain a summary of the information in the file of the contracting agency. The file kept by the contracting agency must contain
(1) a copy of the contract;
(2) the register of proposals prepared under AS 36.30.230 and a copy of each proposal submitted; and
(3) the written determination to award the contract prepared under AS 36.30.250.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 7. Procurement Records and Reports. › Sec. 36.30.520. Records of single source and emergency procurements.

(a) The commissioner shall maintain for a minimum of five years a record listing all single source procurement contracts made under AS 36.30.300 and emergency procurements made under AS 36.30.310. The record must contain
(1) each contractor's name;
(2) the amount and type of each contract; and
(3) a listing of the supplies, services, professional services, or construction procured under each contract.
(b) The Department of Transportation and Public Facilities and any agency to whom the commissioner of administration or the commissioner of transportation and public facilities has delegated procurement authority under AS 36.30.015 shall, by October 1 of each year, submit to the commissioner of administration records of the type specified in (a) of this section for emergency procurements made under AS 36.30.310. The Department of Transportation and Public Facilities shall, even if procurement authority has been delegated under AS 36.30.015 to another agency, by October 1 of each year, submit to the commissioner of administration records of the type specified in (a) of this section for single source procurement contracts made under AS 36.30.300. The commissioner of administration shall maintain these records as required by (a) of this section.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 7. Procurement Records and Reports. › Sec. 36.30.522. Records of innovative procurements.

The commissioner and the contracting agency shall keep a file for each contract awarded under an innovative procurement process under AS 36.30.308. The file is subject to inspection under the same standards as described in AS 36.30.140(b) and 36.30.230. The file kept by the commissioner must contain a summary of the information in the file of the contracting agency. The file kept by the contracting agency must contain
(1) a copy of the contract;
(2) the written determination under AS 36.30.308(a);
(3) the procurement plan as approved as to form by the Department of Law;
(4) the record of notice under AS 36.30.130; and
(5) the record of respondents to solicitation.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 7. Procurement Records and Reports. › Sec. 36.30.540. Procurement report.

The commissioner shall biennially prepare a report concerning procurements by agencies and notify the legislature that the report is available. The report must include
(1) the records maintained by the commissioner under AS 36.30.510 and the records maintained under AS 36.30.520(a) for the previous two fiscal years;
(2) a list of procurements made under this chapter from out-of-state sources during the previous two fiscal years together with the total number of procurement contracts entered into during that period with out-of-state contractors and the total value of these contracts; this paragraph does not apply to procurements made under AS 36.30.320; and
(3) a list of procurements made under this chapter from state sources during the previous two fiscal years together with the total number of procurement contracts entered into during that period with state contractors and the total value of these contracts; this paragraph does not apply to procurements made under AS 36.30.320.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 8. Legal and Contractual Remedies. › Sec. 36.30.550. Applicability of protest and appeal procedures.

(a) Except for small procurements made under AS 36.30.320, the provisions of AS 36.30.560 - 36.30.615 apply to a solicitation, a proposed contract award, and an award of a contract for supplies, services, professional services, or construction.
(b) The commissioner shall adopt regulations providing for protest and appeal procedures of small procurements made under AS 36.30.320.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 8. Legal and Contractual Remedies. › Sec. 36.30.560. Filing of a protest.

An interested party may protest the award of a contract, the proposed award of a contract, or a solicitation for supplies, services, professional services, or construction by an agency. The protest shall be filed with the procurement officer of the contracting agency in writing and include the following information:
(1) the name, address, and telephone number of the protester;
(2) the signature of the protester or the protester's representative;
(3) identification of the contracting agency and the solicitation or contract at issue;
(4) a detailed statement of the legal and factual grounds of the protest, including copies of relevant documents; and
(5) the form of relief requested.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 8. Legal and Contractual Remedies. › Sec. 36.30.565. Time for filing a protest.

(a) A protest based on alleged improprieties or ambiguities in a solicitation must be filed at least 10 days before the due date of the bid or proposal, unless a later protest due date is specifically allowed in the solicitation. If a solicitation is made with a shortened public notice period and the protest is based on alleged improprieties or ambiguities in the solicitation, the protest must be filed before the due date of the bid or proposal. Notwithstanding the other provisions in this subsection, the protest of an invitation to bid or a request for proposals in which a pre-bid or pre-proposal conference is held within 12 days of the due date must be filed before the due date of the bid or proposal if the protest is based on alleged improprieties or ambiguities in the solicitation. A protest based upon alleged improprieties in an award of a contract or a proposed award of a contract must be filed within 10 days after a notice of intent to award the contract is issued by the procurement officer.
(b) If the protester shows good cause, the procurement officer of the contracting agency may consider a filed protest that is not timely.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 8. Legal and Contractual Remedies. › Sec. 36.30.575. Stay of award.

If a protest is filed the award may be made unless the procurement officer of the contracting agency determines in writing that a
(1) reasonable probability exists that the protest will be sustained; or
(2) stay of the award is not contrary to the best interests of the state.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 8. Legal and Contractual Remedies. › Sec. 36.30.580. Decision by the procurement officer.

(a) The procurement officer of the contracting agency shall issue a written decision containing the basis of the decision within 15 days after a protest has been filed. A copy of the decision shall be furnished to the protester by certified mail or other method that provides evidence of receipt.
(b) The time for a decision may be extended up to 30 days for good cause by the commissioner of administration, or, for protests involving construction, lease of space, or procurements for the state equipment fleet, the commissioner of transportation and public facilities. If an extension is granted, the procurement officer shall notify the protester in writing of the date that the decision is due.
(c) If a decision is not made by the date it is due, the protester may proceed as if the procurement officer had issued a decision adverse to the protester.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 8. Legal and Contractual Remedies. › Sec. 36.30.585. Protest remedies.

(a) If the procurement officer sustains a protest in whole or in part, the procurement officer shall implement an appropriate remedy.
(b) In determining an appropriate remedy, the procurement officer shall consider the circumstances surrounding the solicitation or procurement including the seriousness of the procurement deficiencies, the degree of prejudice to other interested parties or to the integrity of the procurement system, the good faith of the parties, the extent the procurement has been accomplished, costs to the agency and other impacts on the agency of a proposed remedy, and the urgency of the procurement to the welfare of the state.
(c) Notwithstanding (a) and (b) of this section, if a protest is sustained in whole or part, the protester's damages are limited to reasonable bid or proposal preparation costs.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 8. Legal and Contractual Remedies. › Sec. 36.30.590. Appeal on a protest.

(a) An appeal from a decision of a procurement officer on a protest may be filed by the protester with the commissioner of administration, or for protests involving construction, lease of space, or procurements for the state equipment fleet, the commissioner of transportation and public facilities. An appeal shall be filed within 10 days after the decision is received by the protester. The protester shall file a copy of the appeal with the procurement officer.
(b) An appeal must contain the information required under AS 36.30.560. In addition, the appeal must include
(1) a copy of the decision being appealed; and
(2) identification of the factual or legal errors in the decision that form the basis for the appeal.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 8. Legal and Contractual Remedies. › Sec. 36.30.595. Notice and copy of a protest appeal.

(a) The procurement officer shall immediately give notice of an appeal filed under AS 36.30.590 to the contractor if a contract has been awarded or, if no award has been made, to all interested parties.
(b) The commissioner of administration or the commissioner of transportation and public facilities, as appropriate, shall, on request, furnish a copy of the appeal to a person notified under (a) of this section, except that confidential material shall be deleted from the copy.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 30. State Procurement Code › Article 8. Legal and Contractual Remedies. › Sec. 36.30.600. Stay of award during protest appeal.

If a protest appeal is filed before a contract is awarded and the award was stayed under AS 36.30.575, the filing of the appeal automatically continues the stay until the commissioner of administration or the commissioner of transportation and public facilities, as appropriate, makes a written determination that the award of the contract without further delay is necessary to protect substantial interests of the state.