reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 2 - Source Selection General Requirements › 3 AAC 109.120 - Multiple awards

Current through May 31, 2024
(a) The procurement officer may issue a
				  solicitation with the intent to make multiple awards if award to two or more
				  bidders or offerers of similar products or services is necessary for adequate
				  delivery, service, or product compatibility. A multiple award shall be made in
				  accordance with 3 AAC 109.2 10 -
				  3 AAC 109.330 (competitive sealed bidding),
				  3 AAC 109.340 -
				  3 AAC 109.440 (competitive sealed proposal), or
				  3 AAC 109.460 (small procurements), as
				  applicable.
(b) If the intent of
				  the solicitation is to establish multiple indefinite-delivery or
				  indefinite-quantity term contracts, the contract period, including optional
				  renewals and the process for selection and award of work orders or purchase
				  orders, must be included in the original solicitation and subsequent contract
				  award.
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 2 - Source Selection General Requirements › 3 AAC 109.130 - Bid, payment, and performance bonds

Current through May 31, 2024
(a) Bid bonds or
				  bid security in the amount of at least five percent of the bid price
(1) must be submitted with all invitations to
				  bid for construction projects estimated to cost over $ 100,000; and
(2) if needed for the protection of the
				  grantee or authority as determined by the procurement officer, may be required
				  in invitations to bid for contracts for supplies, services, or professional
				  services.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 2 - Source Selection General Requirements › 3 AAC 109.150 - Public notice of competitive sealed bids and competitive sealed proposals

Current through May 31, 2024
(a) The
				  procurement officer shall provide public notice of a competitive sealed bid or
				  a competitive sealed proposal at least 21 days before the date for the opening
				  of bids or proposals.
(b) If the
				  procurement officer determines in writing that a shorter notice period is
				  advantageous or required for a particular project and adequate competition is
				  anticipated, the 21-day period may be shortened.
(c) Notice shall be posted on the Alaska
				  Online Public Notice System and the authority's website. When practicable,
				  notice may also include
(1) publication in a
				  newspaper calculated to reach prospective bidders;
(2) posting in public places within the area
				  where the work is to be performed or the material furnished;
(3) communicating in other appropriate media,
				  including posting in electronic media;
(4) notifying bidders or offerors who have
				  expressed an interest in previous solicitations of the authority;
(5) electronically notifying prospective
				  contractors on the appropriate list maintained by the authority under
				  3 AAC 109.080.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 2 - Source Selection General Requirements › 3 AAC 109.160 - Multi-step solicitations

Current through May 31, 2024
When it is considered impractical to initially prepare a
					 definitive purchase description to support an award based on price or other
					 definitive criteria, the procurement officer may issue an invitation to bid,
					 request for information, or request for proposals seeking the submission of
					 technical information or data to be followed by an invitation to bid or request
					 for proposals limited to
(1) the
				  bidders or offerors whose offers are determined to be technically qualified;
				  or
(2) a short list of bidders or
				  offerors who are determined to be best qualified under the criteria set out in
				  the first step of the solicitation.
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 2 - Source Selection General Requirements › 3 AAC 109.170 - Amendments or extensions to a solicitation

Current through May 31, 2024
(a) Before the
				  opening of bids or proposals, a solicitation may be amended, or time for
				  opening ma be extended, upon the procurement officer's determination that the
				  extension or amendment satisfies
				  3 AAC 109.020. Notice shall be provided so that
				  potential bidders or offerors have access to the amendment.
(b) If, after the deadline for receipt of
				  proposals under
				  3 AAC 109.360, there is a need for any substantial
				  clarification or material change in the request for proposals, the request may
				  be amended to incorporate the clarification or change. The procurement officer
				  shall provide notice of the amended request and the, date and time established
				  for receipt of new or amended proposals.
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 2 - Source Selection General Requirements › 3 AAC 109.180 - Cancellation of the solicitation or rejection of all bids or proposals

Current through May 31, 2024
Before the deadline for receipt of bids or proposals. after
					 the opening of bids or proposals, or after notice of intent to award but before
					 award. the chief procurement officer may cancel the solicitation or reject all
					 bids or proposals. Reasons for cancellation or rejection include one or more of
					 the following:
(1) the supplies,
				  services, or construction being procured are no longer required;
(2) ambiguous or otherwise inadequate
				  specifications were part of the solicitation;
(3) the solicitation did not provide for
				  consideration of all factors of significance satisfy
				  3 AAC 109.020;
(4) prices exceed available money, and to
				  adjust quantities or reduce services to accommodate available money would not
				  be appropriate;
(5) all otherwise
				  acceptable bids or proposals received are at unacceptable prices;
(6) there is reason to believe that the bids
				  or proposals may not have been independently arrived at in open competition,
				  may have been collusive. or may have been submitted in bad faith;
(7) only one proposal or bid was
				  received;
(8) proceeding with the
				  solicitation or award does not satisfy
				  3 AAC 109.020.
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 2 - Source Selection General Requirements › 3 AAC 109.190 - Disposition of canceled or rejected bids or proposals

Current through May 31, 2024
(a) If at any time
				  during the solicitation process a request for proposals or invitation to bid is
				  canceled, the procurement officer shall return the bids or proposals if the
				  time for filing a protest has expired and a protest has not been
				  filed.
(b) The procurement officer
				  shall keep a list of returned bids or proposals in the procurement
				  file.
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 2 - Source Selection General Requirements › 3 AAC 109.200 - Protest of cancellation of a solicitation

Current through May 31, 2024
Not more than 10 days after a notice of cancellation is
					 issued by the procurement officer, an interested party may protest the
					 cancellation of an invitation to bid or request for proposals by filing with
					 the procurement officer a written protest that includes the information
					 required under
					 3 AAC 109.570.
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 3 - Competitive Sealed Biddings › 3 AAC 109.210 - General policy

Current through May 31, 2024
The authority will use competitive sealed bidding when the
					 requirements of the grantee are definite and can be sufficiently described by
					 industry standards or practices so that price can be the primary basis for
					 award, if the bid is determined to be responsive to the authority's
					 requirements and the bidder is determined to be responsible.
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 3 - Competitive Sealed Biddings › 3 AAC 109.220 - Invitation to bid

Current through May 31, 2024
(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, a purchase
				  description, a description of all contractual terms and conditions applicable
				  to the procurement including the bid evaluation criteria, and the basis for
				  award.
(b) A bidder must have a
				  valid Alaska business license before contract award.
(c) A bidder for a construction contract must
				  submit evidence of the bidder's registration under AS 08.18 at the time
				  designated in the invitation to bid.
(d) If the chief procurement officer makes a
				  written finding that the release of the estimated cost of goods or services
				  would adversely affect the ability of the authority to obtain the best
				  competitive bid, the estimated cost of the goods or services is confidential
				  during the solicitation process and may not be released to the public before
				  bid opening.
(e) A bidder, in the
				  submission of a bid, must certify under penalty of perjury that the price
				  submitted was independently arrived at without collusion.
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 3 - Competitive Sealed Biddings › 3 AAC 109.230 - Pre-opening correction or withdrawal of bids

Current through May 31, 2024
(a) A bid may be
				  corrected or withdrawn by written request received in the office designated in
				  the invitation for bids before the time and date set for opening.
(b) A request under (a) of this section must
				  provide authorization for the person making the correction or withdrawal to do
				  so.
(c) If a bid is withdrawn, the
				  bid security, if any, shall be returned to the bidder along with the copies of
				  the unopened bid documents not later than 15 days after bid opening. A copy of
				  the correspondence requesting the withdrawal shall be included in the
				  procurement file.
(d) All documents
				  relating to the correction of a bid shall be included in the procurement
				  file.
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 3 - Competitive Sealed Biddings › 3 AAC 109.240 - Submission and receipt of bids

Current through May 31, 2024
(a) A bid submitted
				  on paper must be submitted in a sealed envelope with the invitation to bid
				  number identified on the outside of the envelope. Upon receipt, the bid and any
				  bid corrections shall be stored in a secure place until the time and date set
				  for bid opening.
(b) The
				  procurement officer may issue and receive competitive sealed bids through an
				  electronic bidding system, if the system is able to receive electronic bid
				  documents and corrections to bid documents, document the date and time of
				  receipt of bid documents, secure the electronic bid submissions from being
				  reviewed until after the date and time of bid opening, and provide an
				  accessible public record that documents the solicitation.
(c) Bids shall be unconditionally accepted
				  without alteration or correction, except as authorized in
				  3 AAC 109.230 and
				  3 AAC 109.260.
(d) A bid, bid correction, or withdrawal of a
				  bid received at the place designated for receipt of bids after the time and
				  date set for receipt of bids is late.
(e) A late bid, correction, or withdrawal may
				  not be accepted unless the delay was due to an error of the
				  authority.
(f) A late bid or
				  correction may not be opened or considered. The procurement officer shall
				  document the date and time the late bid or correction was received and return
				  the unopened late bid or correction to the bidder after the protest period has
				  passed.
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 3 - Competitive Sealed Biddings › 3 AAC 109.250 - Bid openings

Current through May 31, 2024
(a) The procurement officer shall open all
				  bids and corrections received before the date and time designated in the
				  invitation to bid.
(b) All bid
				  openings are open to the public at the place, date, and time designated in the
				  invitation to bid.
(c) The name of
				  each bidder, the bid price, and other information determined appropriate by the
				  procurement officer shall be tabulated at the bid opening. The tabulation is
				  open to public inspection as soon as practicable after the bid
				  opening.
(d) The procurement
				  officer shall open bids for public inspection when the notice of intent to
				  award a contract is given.
(e) To
				  the extent the bidder designates and the procurement officer concurs, trade
				  secrets and other proprietary data contained in a bid document will not be
				  opened for public inspection under (d) of this section.
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 3 - Competitive Sealed Biddings › 3 AAC 109.260 - Correction and withdrawal of bids after bid opening

Current through May 31, 2024
(a) After bid
				  opening, changes in bid prices or other provisions of bids prejudicial to the
				  interest of the grantee or fair competition are not permitted except as
				  provided under (d) of this section.
(b) If, before award, a procurement officer
				  knows of an error in a bid, the procurement officer shall notify the bidder of
				  the error.
(c) Inadvertent errors
				  discovered after opening but before award, other than minor informalities, may
				  not be corrected. If a bidder submits proof that clearly and convincingly
				  demonstrates that an inadvertent error other than a minor informality was made,
				  the bidder may withdraw the bid.
(d) The procurement officer may correct a bid
				  that contains a minor informality. A correction of a minor informality may
				  include correcting the bid submission to the intended correct bid price if the
				  correct price is evident from the bid document. The procurement officer shall
				  initial any correction made to the bid documents.
(e) 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.
(f) If a bidder is
				  permitted to withdraw a bid before award, an action may not be maintained
				  against the bidder or the bid security.
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 3 - Competitive Sealed Biddings › 3 AAC 109.270 - Bid evaluation

Current through May 31, 2024
(a) 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. An evaluation of
				  product acceptability may be conducted to determine whether a bidder's offering
				  is acceptable as set out in the invitation to bid. A bid that does not meet the
				  acceptability requirements shall be rejected as nonresponsive.
(b) The procurement officer shall evaluate
				  bids to determine which bid offers the lowest price to the authority in
				  accordance with the evaluation criteria set out in the invitation to bid. 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. Evaluation factors need not be precise
				  predictors of actual future costs, but to the extent possible the evaluation
				  factors must
(1) be reasonable estimates
				  based upon information the procurement officer has available concerning future
				  use; and
(2) treat all bids
				  equitably.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 3 - Competitive Sealed Biddings › 3 AAC 109.280 - Determination of responsibility

Current through May 31, 2024
(a) Before contract
				  award the procurement officer shall consider whether the apparent low bidder is
				  responsible. Factors that may be considered in determining whether the apparent
				  low bidder is responsible include whether the bidder
(1) has a satisfactory record of
				  performance;
(2) is qualified
				  legally to contract with the authority under this chapter; and
(3) has supplied all necessary in information
				  in connection with the inquiry concerning responsibility.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 3 - Competitive Sealed Biddings › 3 AAC 109.290 - Rejection of individual bids

Current through May 31, 2024
The procurement officer may reject an individual bid for
					 one or more of the following reasons:
(1) the bid is nonresponsive;
(2) the bidder that submitted the bid is not
				  responsible as determined under standards set out in
				  3 AAC 109.280;
(3) the bidder is excluded from bidding under
				  3 AAC 109.070;
(4) the supply, service, or construction item
				  fails to meet the specifications or other acceptability criteria set out in the
				  solicitation;
(5) only one bid was
				  received and the chief procurement officer determines that award does not
				  satisfy 3 AAC 109.020.
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 3 - Competitive Sealed Biddings › 3 AAC 109.300 - Contract award for competitive sealed bids

Current through May 31, 2024
(a) The 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.
(b) Tie bids are low responsive bids from
				  responsible bidders which are identical in price. If low tie bids exist, award
				  shall be made through a random drawing or flip of the coin. Award may not be
				  made by dividing the procurement among bidders offering identical low price
				  bids.
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 3 - Competitive Sealed Biddings › 3 AAC 109.310 - Subcontractors on construction contracts

Current through May 31, 2024
(a) Within five
				  working days after the identification of the apparent low bidder for a
				  construction contract solicited through a competitive sealed bidding, the
				  apparent low bidder shall submit a list of the subcontractors the bidder
				  proposes to use in the performance of the construction contract.
(b) The list must include the name and
				  location of the place of business for each subcontractor, evidence of each
				  subcontractor's valid Alaska business license, and evidence of each
				  subcontractor's registration as a contractor under AS 08.18.
(c) A construction contractor or the apparent
				  low bidder for a construction contract may replace a listed subcontractor if
				  the subcontractor
(1) fails to comply with AS
				  08.18;
(2) files for bankruptcy or
				  becomes insolvent;
(3) fails to
				  execute a contract with the construction contractor or bidder involving
				  performance of the work for which the subcontractor was listed and the
				  construction contractor or bidder acted in good faith;
(4) fails to obtain bonding;
(5) fails to obtain insurance acceptable to
				  the authority;
(6) fails to perform
				  the contract with the construction contractor or bidder involving work for
				  which the subcontractor was listed;
(7) must be replaced in order for the
				  contractor to satisfy required state or federal affirmative action
				  requirements; or
(8) refuses to
				  agree or abide with the labor agreement of the construction contractor or
				  bidder.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 3 - Competitive Sealed Biddings › 3 AAC 109.320 - Documentation of award

Current through May 31, 2024
Following award, a record showing the basis for determining
					 the successful bidder shall be made a part of the procurement file.
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 3 - Competitive Sealed Biddings › 3 AAC 109.330 - Notice of intent to award

Current through May 31, 2024
(a) Notice of
				  intent to award does not constitute a formal award of a contract. The notice of
				  intent to award must include
(1) a statement
				  of a bidder's right under
				  3 AAC 109.570 to protest the award, including the time
				  within which the protest must be received; and
(2) the name of the successful
				  bidder.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 4 - Competitive Sealed Proposals › 3 AAC 109.340 - Conditions for use

Current through May 31, 2024
(a) The procurement officer may procure
				  supplies or services by competitive sealed proposals if the procurement officer
				  determines that the use of competitive sealed proposals is more practical or
				  advantageous for satisfying
				  3 AAC 109.020 than competitive sealed bidding.
(b) The following types of supplies and
				  services for which the use of competitive sealed bidding is either not
				  practicable or not advantageous for satisfying
				  3 AAC 109.020 may be procured by competitive sealed
				  proposals without a written determination by the procurement officer:
(1) professional services
				  contracts;
(2) architectural,
				  engineering, and land surveying contracts;
(3) design-build construction
				  contracts;
(4) design-buiId-operate
				  contracts.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 4 - Competitive Sealed Proposals › 3 AAC 109.350 - Request for proposals

Current through May 31, 2024
A request for competitive sealed proposals must
					 contain
(1) the date, lime, and place
				  for delivering proposals;
(2) a
				  specific description of the supplies, construction, services, or professional
				  services to be provided under the contract;
(3) the standard contract terms under which
				  the supplies, construction, services, or professional services are to be
				  provided, or a reference to those terms;
(4) any other specific terms under which the
				  supplies, construction, services, or professional services are to be
				  provided;
(5) the requirement that
				  the offeror document having the required professional and contractor's licenses
				  necessary to provide the supplies, services, or professional services
				  requested;
(6) the information
				  necessary for an offeror to submit a proposal or references to any information
				  that cannot reasonably be included with the request;
(7) the requirement that an offeror certify
				  under penalty of perjury that the price submitted was independently arrived at
				  without collusion, if the proposal requires offerors to provide price
				  information with their submissions; and
(8) a description of the criteria that the
				  procurement office shall consider and the process that the procurement officer
				  shall use when evaluating the proposals received; criteria may include
(A) the offeror's experience in performing
				  work similar to that sought in the request for proposals; evaluation of that
				  experience may include
(i) reviewing the
				  offeror's conformance to specifications and standards of good workmanship,
				  forecasting and containment of costs or prices, history of reasonable and
				  cooperative behavior and overall concern for the interests of the customer,
				  safety, risk management, and adherence to contract schedules; and
(ii) the review of evaluations by private
				  persons and officials of other government entities that have retained the
				  services of the offeror, with respect to control of costs, quality of work,
				  ability to meet deadlines, and other factors related to the offeror's
				  experience;
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 4 - Competitive Sealed Proposals › 3 AAC 109.360 - Submission, receipt, and treatment of competitive sealed proposals

Current through May 31, 2024
(a) Proposals
				  may be accepted electronically. Proposals submitted on paper must be submitted
				  in a sealed envelope with the competitive proposal number identified on the
				  outside or the envelope. Upon receipt, the proposal and any proposal
				  corrections shall be stored in a secure place.
(b) The procurement officer may issue and
				  receive competitive sealed proposals through an electronic solicitation system,
				  if the system is able to receive electronic proposal documents and corrections
				  to proposal documents, document the date and time of receipt of proposal
				  documents, secure the electronic submissions from being reviewed until after
				  the date and time for receipt of proposals, and provide an accessible public
				  record that documents the solicitation.
(c) After the date set for receipt of
				  proposals, a register of proposals shall be prepared. The register must include
				  the name of each offerer and a description of the supply, service, or
				  construction item offered. The procurement officer shall open the register of
				  proposals and all the contents of all proposals for public inspection when the
				  procurement officer issues a notice of intent to award.
(d) The procurement officer shall receive,
				  open, and evaluate proposals so as to avoid disclosure of contents to competing
				  offerers before notice of intent to award a contract is issued.
(e) To the extent the offeror designates and
				  the procurement officer concurs, trade secrets and other proprietary data
				  contained in the proposal will not be opened for public inspection under (c) of
				  this section.
(f) A proposal or
				  proposal correction received at the place designated for receipt of proposals
				  after the time and date set for receipt of proposals is late.
(g) A late proposal or correction may not be
				  opened or considered unless the delay was due to an error of the authority. The
				  procurement officer shall document the date and time the date proposal or
				  correction was received and return the unopened late proposal or correction to
				  the offeror after the protest period has passed.
(h) if a solicitation is canceled after
				  proposals are received but before a notice of intent to award a contract has
				  been issued, and if a protest of the solicitation or of the cancellation of the
				  solicitation has not been filed by an interested party, the procurement officer
				  shall return all proposals to the offerors that submitted proposals once the
				  time specified for filing a protest has expired. The procurement officer shall
				  keep a list of returned proposals in the file for the solicitation.
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 4 - Competitive Sealed Proposals › 3 AAC 109.370 - Evaluation of proposals

Current through May 31, 2024
(a) The procurement
				  officer shall evaluate proposals based on the evaluation criteria and processes
				  identified in the request for proposals. The procurement officer may not use
				  other factors, criteria, or processes.
(b) The procurement officer, or a procurement
				  evaluation committee consisting of at least the procurement officer and two
				  other authority employees, shall evaluate proposals. Other authority employees,
				  public officials, experts, or representatives of participating organizations
				  may be substituted as appropriate if there is no conflict of interest and the
				  procurement evaluation committee is made up of at least the procurement officer
				  and two employees of the authority or substitutes.
(c) If a procurement evaluation committee
				  evaluates the proposals, each member shall exercise independent judgment, and
				  the vote of one member may not be weighted more than the vote of any other
				  member.
(d) The procurement
				  evaluation committee may hold meetings to discuss the proposals received.
				  Evaluators may independently adjust their own scores or rankings as a result of
				  these discussions.
(e) Numerical
				  rating systems may be used, but are not required. If a numerical rating system
				  is used, evaluators are not required to provide additional documentation for
				  scoring, if the relative weight of the criteria and system is defined in the
				  solicitation.
(f) If a numerical
				  rating system is not used, each evaluator shall provide a brief narrative
				  consistent with the evaluation criteria documenting the basis for the
				  evaluator's ranking in writing.
(g)
				  The procurement officer shall document the evaluation process and provide a
				  summary of the final ranking of proposals for the procurement file.
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 4 - Competitive Sealed Proposals › 3 AAC 109.380 - Rejection of individual proposals

Current through May 31, 2024
Reasons for rejecting an individual proposal include one or
					 more of the following:
(1) the
				  proposal is nonresponsive to the minimum requirements identified in the
				  solicitation;
(2) the offeror
				  submitting the proposal is not responsible as determined under standards set
				  out in 3 AAC 109.280;
(3) the offeror submitting the proposal is
				  excluded from submitting a proposal under
				  3 AAC 109.070;
(4) after evaluation and discussion, only one
				  proposal is available for award, and the chief procurement officer determines
				  that proceeding with the award does not satisfy
				  3 AAC 109.020.
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 4 - Competitive Sealed Proposals › 3 AAC 109.390 - Clarification of offers

Current through May 31, 2024
(a) In order to
				  determine if a proposal is reasonably susceptible for award, communications by
				  the procurement officer or the procurement evaluation committee are permitted
				  with an individual offeror to clarify the contents of an offeror's
				  proposal.
(b) Clarification is
				  limited to clarification of ambiguities or conflicts in the proposal and may
				  not be a negotiation or allow for material changes to the proposal being
				  evaluated.
(c) The procurement
				  officer may limit communications to only those offerers who submitted proposals
				  requiring clarification in order to complete the evaluation of those
				  proposals.
(d) The evaluation by
				  the procurement officer or the procurement evaluation committee may be adjusted
				  as a result of a clarification under this section.
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 4 - Competitive Sealed Proposals › 3 AAC 109.400 - Proposal discussions with offerors and best and final offers

Current through May 31, 2024
(a) At the
				  discretion of the procurement officer, an offerer whose proposal is reasonably
				  susceptible for award as determined in the initial evaluation may be offered
				  the opportunity to confidentially discuss the proposal with the procurement
				  officer or procurement evaluation committee.
(b) The opportunity for confidential
				  discussions, if held, must be extended to all offerors submitting proposals
				  determined reasonably susceptible for award.
(c) Meetings with offerors under this section
				  are not subject to
				  AS
				  44.62.310-44.62.319 (Open Meetings
				  Act).
(d) Auction techniques that
				  reveal one offeror's price to another, and disclosure of any information
				  derived from competing proposals, are prohibited.
(e) The procurement officer may limit
				  discussions to specific sections of the proposals received or specific sections
				  of the request for proposals.
(f)
				  The conditions, terms, or price or the proposal may be altered or otherwise
				  changed during the course of the discussions, if the changes are with in the
				  scope of the request for proposals. Any modifications to a proposal as a result
				  or discuss ions shall be reduced to writing by the offerer within the time
				  frame designated by the procurement officer.
(g) Following discussions, the procurement
				  officer may set a date and time for the submission of best and final
				  proposals.
(h) Best and final
				  proposals may be submitted more than once if the chief procurement officer
				  makes a written determination that it is in the best interests of the purposes
				  of this chapter to conduct additional discussions or change the requirements
				  and request submission of another round of best and final proposals.
(i) If an offeror does not submit a best and
				  final proposal or a notice of withdrawal, the offerer's previous proposal is
				  considered the offerer's best and final proposal for the purpose of evaluation
				  and award.
(j) The evaluation of a
				  proposal may be adjusted as a result of discussions under this
				  section.
(k) After best and final
				  proposals are received, final evaluations will be conducted as described in
				  3 AAC 109.370 (evaluation of proposals).
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 4 - Competitive Sealed Proposals › 3 AAC 109.410 - Contract negotiations

Current through May 31, 2024
(a) After evaluation of proposals including
				  an adjustment of an evaluation of a proposal, the procurement officer may
				  negotiate with the offeror of the highest ranked proposal for the purpose of
				  obtaining contract terms consistent with the solicitation and most favorable to
				  the grantee.
(b) The procurement
				  officer may request or the offeror may propose changes to the offeror's
				  proposal during contract negotiations. The changes must be reasonable and may
				  not have the effect of substantially changing the scope of work or price if the
				  change would alter the ranking of the highest ranked proposal. All changes will
				  be documented in writing and incorporated into the contract
				  documents.
(c) If the offeror with
				  the highest ranked proposal fails to negotiate in good faith, fails to
				  negotiate within the time period set by the procurement officer, or is unable
				  to adjust the price as may be required by the procurement officer without
				  materially affecting the scope of work, the procurement officer may terminate
				  negotiations and begin contract negotiations with the offeror of the next
				  highest ranked proposal in the manner prescribed in this section.
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 4 - Competitive Sealed Proposals › 3 AAC 109.420 - Contract award

Current through May 31, 2024
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 grantee
					 taking into consideration the evaluation factors set out in the request for
					 proposals and any contract negotiations.
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 4 - Competitive Sealed Proposals › 3 AAC 109.430 - Documentation of contractor selection

Current through May 31, 2024
When a contractor has been selected by competitive sealed
					 proposal, the procurement officer shall enter into the procurement file a
					 written record of the basis on which the selection was found to be most
					 advantageous to the purposes of this chapter.
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 4 - Competitive Sealed Proposals › 3 AAC 109.440 - Notice of intent to award

Current through May 31, 2024
Notice of intent to award shall be issued in accordance
					 with 3 AAC 109.330.
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 5 - Other Procurement Methods › 3 AAC 109.450 - Determinations to use other procurement methods

Current through May 31, 2024
The procurement officer responsible for making a
					 determination to conduct a non-competitive procurement, limited competition
					 procurement, or an innovative procurement shall examine the material facts of
					 the procurement and independently determine whether the procurement is eligible
					 for the procurement method contemplated.
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 5 - Other Procurement Methods › 3 AAC 109.460 - Small procurements

Current through May 31, 2024
(a) 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 under
				  3 AAC 109.210 -
				  3 AAC 109.330 or
				  3 AAC 109.340 -
				  3 AAC 109.440.
(b) The procurement officer shall use
				  reasonable and adequate procedures, and make records that facilitate auditing
				  of the procurement, when procuring supplies, services, professional services,
				  or construction estimated to cost not more than $5,000.
(c) The procurement officer shall use the
				  following procedures in the procurement of supplies, services, professional
				  services, or construction estimated to cost more than $5,000, but not more than
				  $25,000:
(1) for the solicitation,
(A) at least three films or persons shall be
				  contacted for a quotation or informal proposal; and
(B) the solicitation may be made verbally or
				  in writing; in the solicitation, the Procurement officer shall include the
				  specifications, the award criteria, and the date and time responses are
				  due;
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 5 - Other Procurement Methods › 3 AAC 109.470 - Limited competition procurements

Current through May 31, 2024
(a) A contract may
				  be awarded under this section 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 interests of the
				  grantee.
(b) Situations that may
				  justify conducting a limited competition procurement include
(1) procurements that cannot be publicly
				  advertised without compromising the interests of the grantee or authority;
(2) procurements that may have
				  been previously solicited by competitive sealed proposals or competitive sealed
				  bids but the procurement officer was unable to award because no responsible and
				  responsive bids or proposals were received and the grantee still has an
				  immediate need for the goods or services.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 5 - Other Procurement Methods › 3 AAC 109.490 - Non-competitive procurements

Current through May 31, 2024
(a) A procurement
				  officer may contract for supplies, services, professional services, or
				  construction without the use of competitive source selection
(1) for any contract issued by another state
				  or federal government agency where the authority is authorized to place orders
				  under the terms and conditions of that contract;
(2) for a contract where the total cost is
				  not more than $5,000 and the price is fair and reasonable;
(3) for a contract that was previously
				  competitively bid, but where only one nonresponsive bid was received and the
				  chief procurement officer determines that negotiation with that bidder is in
				  the grantee's best interest because
(A) an
				  immediate need exists for the goods or services; or
(B) re-solicitation is unlikely to increase
				  the number of bids;
(4)
				  for a contract where time is of the essence and the chief procurement officer
				  makes a determination that the non-compititive procurement is in the grantee's
				  best interest because
(A) the time required
				  to solicit compititive bids or proposals for the equipment or services would
				  adversely impact the grantee's project;
(B) the price for goods or services is
				  reasonable compared to the impacts of a delay;
(C) the proposed contractor is in a unique
				  position to be able to meet the grantee's need; and
(D) the duration of the contract is limited;
				  or
(5) for a contract
				  where the chief procurement officer determines that award of a contract by
				  competitive sealed bidding, competitive sealed proposals, or small procurement
				  procedures is not practicable, and that award to a single source is in the
				  grantee's best interests as no other reasonable source of the supplies or
				  services is available that could meet the requirements and schedule; the
				  procurement officer may advertise its intent to make a single source award to
				  determine if a single source award is appropriate.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 5 - Other Procurement Methods › 3 AAC 109.500 - Innovative procurements

Current through May 31, 2024
(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, when the chief procurement officer determines
				  in writing that it satisfies
				  3 AAC 109.020 to use an innovative competitive
				  procurement process in the procurement of new or unique requirements of the
				  grantee or authority new technologies, or to achieve best value.
(b) The chief procurement officer shall
				  submit a procurement plan to the attorney general for review and approval as to
				  form before issuing the notice required by (c) of this section. The plan must,
				  at a minimum, address the method of solicitation, scope, method of award,
				  protest procedures, and proposed contract provisions.
(c) A procurement under this section is
				  subject to public notice requirements of
				  3 AAC 109.150.
(d) A record of an innovative procurement
				  must be available for public inspection upon completion or cancellation of the
				  procurement, and must contain
(1) a copy of
				  the contract;
(2) the written
				  determination of the chief procurement officer to use the innovative
				  procurement procedure;
(3) the
				  procurement plan as approved as to form by the attorney general;
(4) the record of notice as required under
				  3 AAC 109.150;
(5) the record of respondents to the
				  solicitation; and
(6) the contract
				  award.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 6 - Contract Formation and Modification › 3 AAC 109.510 - Type of contracts

Current through May 31, 2024
Any type of contract that will promote the best interests
					 of the grantee may be used, except that the use of a
					 cost-plus-a-percentage-of-cost contract is prohibited.
Authority:
AS
						44.83.080