Alaska Administrative Code › Title 4 - Education and Early Development › Chapter 31 - School Facility Planning and Construction › Article 1 - Planning and Construction › 4 AAC 31.080 - Construction and acquisition of public school facilities

Current through May 31, 2024
(a) A school
				district shall construct a public educational facility with money provided
				through a grant under AS 14.11.011 - AS 14.11.020 or shall construct a public
				educational facility that is eligible for reimbursement under AS 14.11.100
				under a written contract awarded on the basis of competitive sealed bids. If
				the estimated construction cost is less than $100,000 or if it is in the best
				interests of the state, the school district may, with the approval of the
				commissioner, construct the educational facility itself using its own
				employees.
(b) The school district
				shall publish the first notice of its solicitation at least 21 days before the
				opening of the offers. The department may approve a solicitation period shorter
				than 21 days when written justification submitted by the school district
				demonstrates that a shorter solicitation period is advantageous for a
				particular project and will result in an adequate number of responses. A school
				district may provide additional notice by mailing its solicitation to
				contractors on any list it maintains, and any other means reasonably calculated
				to provide notice to prospective offerors. The district shall provide notice of
				its solicitation by publication at least three times in a newspaper of general
				circulation in the state. The department may approve an alternate means of
				notice through publication on the Internet if the website has the express
				purpose of advertising similar solicitations, has unrestricted public access,
				and is equally likely to reach prospective offerors.
(c) The school district shall provide for the
				administrative review of a complaint filed by an aggrieved offeror that allows
				the offeror to file a bid protest, within 10 days after notice is provided of
				intent to award the contract, requesting a hearing for a determination and
				award of the contract in accordance with the law. The school district shall
				provide notice to all interested parties of the filing of the bid
				protest.
(d) The award of a
				contract for the construction of an educational facility under this section
				must be made without regard to municipal ordinances or school board resolutions
				granting a preference to local offerors.
(e) The department may deny or limit its
				participation in the costs of construction for a project eligible for grant
				funding under AS 14.11.011 or for reimbursement under AS 14.11.100 if the
				school district does not comply with the requirements of this
				section.
(f) Nothing in this
				section precludes a school district from using an alternative construction
				delivery method as defined and described in the
Project Delivery Method
				Handbook
, 2nd Edition, September 2017, adopted by reference, if the
				department approves the method in advance of any solicitation, the proposed
				method is in the state's best interest, and the school district concurs in any
				directives the department makes concerning the type of selection and award of
				the contract. The department may deny or suspend use of an alternative
				construction delivery method by a school district if the department concludes,
				based on substantial evidence, that use or repeated use of a delivery method by
				the school district has resulted or will result in limited competition or
				higher costs.
(g) A school district
				may, with prior approval by the department, enter into a lease or purchase
				agreement for, or accept a donation of, an existing facility or land for use as
				an education-related facility if
(1) for the
				purchase, lease, or accepted donation of an existing facility, a cost saving
				over new construction is achieved;
(2) the purchase or lease price is arrived at
				through impartial negotiation and is supported by a real estate appraisal that
				meets accepted standards; and
(3)
				the purchase, lease, or donation is in the best interests of the state and the
				school district.