reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 2 - Source Selection General Requirements › 3 AAC 100.090 - Specifications

Current through May 31, 2024
(a) The purpose of a specification is to
				  serve as a basis for obtaining, in a cost-effective manner, a supply, service,
				  or construction item suitable for the authority's needs.
(b) The chief procurement officer shall
				  monitor the content and use of specifications for supplies, services,
				  professional services, and construction required by the authority.
(c) The chief procurement officer may obtain
				  expert advice and assistance in the development of specifications and establish
				  operational procedures governing the testing and trial use of equipment,
				  materials, and other supplies by the authority, and the application of
				  resulting information and data to specifications or procurements.
(d) Specifications must promote overall
				  economy for the purposes intended, encourage competition in satisfying the
				  authority's needs, and to the extent practicable, emphasize functional or
				  performance criteria necessary to meet the needs of the authority and may not
				  be unduly restrictive. The requirements of this subsection regarding the
				  purposes and nonrestrictiveness of specifications apply to all specifications,
				  including those prepared by architects, engineers, designers, and other
				  professionals.
(e) Except for small
				  procurements under
				  3 AAC 100.460, a specification that limits the
				  procurement of items to a single manufacturer's name or catalog number may be
				  used only if the procurement officer determines in writing that only the
				  identified brand name item or items will satisfy the authority's
				  needs.
(f) The procurement officer
				  may use brand name or equal specifications for the purpose of identifying the
				  performance and functional requirements of a commodity.
(g) The authority will procure standard
				  commercial products if practicable. Under the direction of the chief
				  procurement officer, the authority may develop and maintain a list of standard
				  commercial products.
Authority:
AS
						36.30.015
AS
						44.88.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 2 - Source Selection General Requirements › 3 AAC 100.100 - Contract terms and conditions

Current through May 31, 2024
(a) The chief
				  procurement officer may determine the contractual provisions, terms, and
				  conditions of solicitations and contracts, if the provisions, terms, and
				  conditions are not contrary to statutory or regulatory requirements governing
				  the procurement.
(b) The chief
				  procurement officer shall develop and maintain standard contract terms subject
				  to review and approval as to form by the attorney general. Modification of
				  these standard terms is subject to review and approval as to form by the
				  attorney general.
(c) Contractual
				  terms and conditions may not have the effect of unnecessarily limiting
				  competition or exclusively requiring a proprietary supply, service, or
				  construction item resulting in procurement from a single source unless no other
				  requirement will suffice.
(d) The
				  standard contract terms will be included or referenced in all invitations to
				  bid under 3 AAC 100.220 and requests for
				  proposals under
				  3 AAC 100.350.
Authority:
AS
						36.30.015
AS
						44.88.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 2 - Source Selection General Requirements › 3 AAC 100.110 - Construction project delivery methods

Current through May 31, 2024
(a) One or more of
				  the following project delivery methods may be used for procurements related to
				  design, construction, routine repair, maintenance, management, or operations
				  for projects or facilities of the authority:
(1) design-bid-build;
(2) construction management;
(3) construction management with the general
				  contractor at risk;
(4)
				  design-build;
(5)
				  design-build-operate-maintain;
(6)
				  design-build-finance-operate;
(7)
				  any variation of the methods described in (1) - (6) of this
				  subsection.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 2 - Source Selection General Requirements › 3 AAC 100.120 - Multiple awards

Current through May 31, 2024
(a) The authority may issue a solicitation
				  with the intent to make multiple awards if award to two or more bidders or
				  offerors 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 100.210 -
				  3 AAC 100.330 (competitive sealed bidding),
				  3 AAC 100.340 -
				  3 AAC 100.440 (competitive sealed proposals),
				  3 AAC 100.460 (small procurements), or
				  3 AAC 100.480 (emergency 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
						36.30.015
AS
						44.88.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 2 - Source Selection General Requirements › 3 AAC 100.130 - 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
				  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 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 2 - Source Selection General Requirements › 3 AAC 100.140 - Preferences

Current through May 31, 2024
Unless otherwise prohibited by law or by requirements of
					 the entity funding the transaction, the authority will incorporate the
					 preference required under
					 AS
					 36.30.015(f) in a
					 competitive sealed bid or competitive sealed proposal in which price is an
					 evaluation factor.
Authority:
AS
						36.30.015
AS
						44.88.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 2 - Source Selection General Requirements › 3 AAC 100.150 - 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. 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 100.080.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 2 - Source Selection General Requirements › 3 AAC 100.160 - 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
						36.30.015
AS
						44.88.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 2 - Source Selection General Requirements › 3 AAC 100.170 - 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 may be extended, upon the procurement officer's determination that the
				  extension or amendment is in the authority's best interest. 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 100.360, 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 date and time established for receipt of new or
				  amended proposals.
Authority:
AS
						36.30.015
AS
						44.88.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 2 - Source Selection General Requirements › 3 AAC 100.180 - 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 to the authority;
(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 is not in the best interests of the authority.
Authority:
AS
						36.30.015
AS
						44.88.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 2 - Source Selection General Requirements › 3 AAC 100.190 - 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
						36.30.015
AS
						44.88.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 2 - Source Selection General Requirements › 3 AAC 100.200 - 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 by
					 3 AAC 100.570.
Authority:
AS
						36.30.015
AS
						44.88.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 3 - Competitive Sealed Bidding › 3 AAC 100.210 - General policy

Current through May 31, 2024
The authority will use competitive sealed bidding when the
					 requirements of the authority 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
						36.30.015
AS
						44.88.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 3 - Competitive Sealed Bidding › 3 AAC 100.220 - 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 authority's ability 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
						36.30.015
AS
						44.88.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 3 - Competitive Sealed Bidding › 3 AAC 100.230 - 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
						36.30.015
AS
						44.88.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 3 - Competitive Sealed Bidding › 3 AAC 100.240 - Submission and receipt of bids

Current through May 31, 2024
(a) A bid must be
				  submitted with the invitation to bid number clearly identified. The rest of the
				  bid must be in a form that cannot be viewed by the procurement officer until
				  after the closing date of the invitation to bid. Upon receipt, the bid and any
				  bid corrections shall be stored in a secure place.
(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 as required under
				  3 AAC 100.710.
(c) Bids shall be unconditionally accepted
				  without alteration or correction, except as authorized in
				  3 AAC 100.230 and
				  3 AAC 100.260.
(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
						36.30.015
AS
						44.88.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 3 - Competitive Sealed Bidding › 3 AAC 100.250 - 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 bids are not open
				  for public inspection until after 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 are confidential.
Authority:
AS
						36.30.015
AS
						44.88.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 3 - Competitive Sealed Bidding › 3 AAC 100.260 - 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 authority 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 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
						36.30.015
AS
						44.88.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 3 - Competitive Sealed Bidding › 3 AAC 100.270 - 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 authority has available concerning future use;
				  and
(2) treat all bids
				  equitably.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 3 - Competitive Sealed Bidding › 3 AAC 100.280 - 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 state; and
(3) has supplied all necessary information in
				  connection with the inquiry concerning responsibility.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 3 - Competitive Sealed Bidding › 3 AAC 100.290 - 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 100.280;
(3) the bidder is excluded from bidding under
				  3 AAC 100.070;
(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 is not in the
				  best interest of the authority.
Authority:
AS
						36.30.015
AS
						44.88.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 3 - Competitive Sealed Bidding › 3 AAC 100.300 - Contract award for competitive sealed bids

Current through May 31, 2024
(a) After
				  appropriate application of the bidder preferences required under
				  AS
				  36.30.015(f) as amended, 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 after application of the
				  preference required under
				  AS
				  36.30.015(f). 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
						36.30.015
AS
						44.88.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 3 - Competitive Sealed Bidding › 3 AAC 100.310 - 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 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 3 - Competitive Sealed Bidding › 3 AAC 100.320 - 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
						36.30.015
AS
						44.88.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 3 - Competitive Sealed Bidding › 3 AAC 100.330 - 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 100.570 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 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 4 - Competitive Sealed Proposals › 3 AAC 100.340 - 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 to the authority 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 to the authority 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) lease space;
(4) supplies and services for clean-up of oil
				  and hazardous substances;
(5)
				  design-build construction contracts;
(6) design-build-operate contracts.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 4 - Competitive Sealed Proposals › 3 AAC 100.350 - Request for proposals

Current through May 31, 2024
A request for competitive sealed proposals must
					 contain
(1) the date, time, 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 offerors are required to provide price information with
				  their submissions; and
(8) a
				  description of the criteria that the procurement officer 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 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 4 - Competitive Sealed Proposals › 3 AAC 100.360 - Submission, receipt, and treatment of competitive sealed proposals

Current through May 31, 2024
(a) A proposal
				  must be submitted with the request for proposal number clearly identified. The
				  rest of the proposal must be in a form that cannot be viewed by the procurement
				  officer until after the closing date of the request for proposals. 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 as required under
				  3 AAC 100.710.
(c) After the date set for receipt of
				  proposals, a register of proposals shall be prepared. The register must include
				  the name of each offeror and a description of the supply, service, or
				  construction item offered. The register of proposals and all the contents of
				  all proposals are confidential until 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 offerors before notice of intent to award a
				  contract is issued.
(e) To the
				  extent that the offeror designates and the procurement officer concurs, trade
				  secrets and other proprietary data contained in the proposal documents are
				  confidential.
(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 late 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
						36.30.015
AS
						44.88.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 4 - Competitive Sealed Proposals › 3 AAC 100.370 - Evaluation of proposals

Current through May 31, 2024
(a) The authority
				  will evaluate proposals based on the evaluation criteria and processes
				  identified in the request for proposals. The authority will not use other
				  factors, criteria, or processes.
(b) A procurement evaluation committee
				  consisting of at least three authority employees, shall evaluate proposals.
				  Other authority employees, public officials, experts, or representatives of
				  participating organizations may be added as appropriate if there is no conflict
				  of interest and the procurement evaluation committee is made up of at least
				  three employees of the authority.
(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
						36.30.015
AS
						44.88.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 4 - Competitive Sealed Proposals › 3 AAC 100.380 - 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 100.280;
(3) the offeror submitting the proposal is
				  excluded from submitting a proposal under
				  3 AAC 100.070;
(4) after evaluation and discussion only one
				  proposal is available for award, and the chief procurement officer determines
				  that proceeding with the award is not in the best interest of the
				  authority.
Authority:
AS
						36.30.015
AS
						44.88.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 4 - Competitive Sealed Proposals › 3 AAC 100.390 - 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 offerors 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
						36.30.015
AS
						44.88.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 4 - Competitive Sealed Proposals › 3 AAC 100.400 - Proposal discussions with offerors and best and final offers

Current through May 31, 2024
(a) At the
				  discretion of the procurement officer, an offeror whose proposal is reasonably
				  susceptible for award as determined in the initial evaluation conducted under
				  3 AAC 100.370 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 of the proposal may be altered or otherwise
				  changed during the course of the discussions, if the changes are within the
				  scope of the request for proposals. Any modifications to a proposal as a result
				  of discussions shall be reduced to writing by the offeror 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 authority's best interest to
				  conduct additional discussions or change the authority's 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 offeror's previous proposal is
				  considered the offeror'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 100.370.
Authority:
AS
						36.30.015
AS
						44.88.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 4 - Competitive Sealed Proposals › 3 AAC 100.410 - Contract negotiations

Current through May 31, 2024
(a) After evaluation of proposals under
				  3 AAC 100.370, including an adjustment of an evaluation
				  of a proposal as authorized under
				  3 AAC 100.390 and
				  3 AAC 100.400, 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
				  authority.
(b) The authority 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 authority 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
						36.30.015
AS
						44.88.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 4 - Competitive Sealed Proposals › 3 AAC 100.420 - 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 authority,
					 taking into consideration the evaluation factors set out in the request for
					 proposals and any contract negotiations conducted under
					 3 AAC 100.410.
Authority:
AS
						36.30.015
AS
						44.88.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 4 - Competitive Sealed Proposals › 3 AAC 100.430 - 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 authority.
Authority:
AS
						36.30.015
AS
						44.88.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 4 - Competitive Sealed Proposals › 3 AAC 100.440 - Notice of intent to award

Current through May 31, 2024
Notice of intent to award shall be issued in accordance
					 with 3 AAC 100.330.
Authority:
AS
						36.30.015
AS
						44.88.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 5 - Other Procurement Methods › 3 AAC 100.450 - 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
						36.30.015
AS
						44.88.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 5 - Other Procurement Methods › 3 AAC 100.460 - 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 100.210 -
				  3 AAC 100.330 or
				  3 AAC 100.340 -
				  3 AAC 100.440.
(b) The authority will 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 $10,000.
(c) The authority will use the following
				  procedures in the procurement of supplies, services, professional services, or
				  construction estimated to cost more than $10,000, but not more than $50,000:
(1) for the solicitation,
(A) at least three firms or persons will be
				  contacted for a quotation or informal proposal; and
(B) the solicitation may be made verbally or
				  in writing; in the solicitation, the authority will include the specifications,
				  the award criteria, and the date and time responses are due;