reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 2 - Authorization for Use of Rural Airport Property › 17 AAC 45.270 - Sublease

Current through May 31, 2024
(a) Unless the lease, airport boundary
				crossing permit issued under
				17 AAC 45.285, or concession
				expressly provides otherwise, a lessee, airport boundary crossing permittee, or
				concessionaire may not sublease all or a portion of a lease, airport boundary
				crossing permit, or concession premises without the prior written consent of
				the department under
				17 AAC 45.275. A permit issued
				under this chapter, other than an airport boundary crossing permit issued under
				17 AAC 45.285, may not be
				subleased. A sublease made contrary to the requirements of this section and
				17 AAC 45.275 is void.
(b) A request for consent to a sublease must
				be submitted in writing and must include
(1)
				the name, address, and telephone contact number of the proposed
				sublessee;
(2) a description of
				property to be subleased;
(3) a
				description of the proposed sublessee's intended use of the premises;
(4) the expiration date of the
				sublease;
(5) a statement of the
				proposed sublease rent to be paid per month of occupancy;
(6) three originals of the executed sublease
				documents, or in the case of a sub-sublease, four executed originals of the
				sub-sublease, with notarized signatures of the sublessee and the
				sublessor;
(7) a binder for
				insurance covering the operations and activities of the sublessee to the same
				extent that the sublessee would be required under
				17 AAC 45.425 to maintain
				insurance if the sublessee were a direct lessee, airport boundary crossing
				permittee, or concessionaire under the lease, airport boundary crossing permit,
				or concession;
(8) a guarantee of
				indemnification by the sublessee under which the sublessee provides to the
				state the same level of indemnity that the sublessee would provide to the state
				if the sublessee were a direct lessee or concessionaire under the lease,
				airport boundary crossing permittee, or concession; and
(9) a non-refundable sublease processing fee
				of
(A) $500, if the sublease is a cooperative
				sublease that functions as a proprietary lease; in this subparagraph,
				"proprietary lease" has the meaning given in
				AS
				34.08.990; or
(B) $75 for any other type of
				sublease.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 2 - Authorization for Use of Rural Airport Property › 17 AAC 45.275 - Approval or denial of an assignment, assignment for security purposes, or sublease

Current through May 31, 2024
(a) This section applies to approval or
				denial of a request for consent to an assignment under
				17 AAC 45.260, an assignment for
				security purposes under
				17 AAC 45.265, or a sublease under
				17 AAC 45.270.
(b) The department will consent to a request
				to assign or sublease all or a portion of a lease or concession if the
				department determines that
(1) the assignment
				or sublease is authorized under the lease or concession and this
				chapter;
(2) the proposed assignee
				or sublessee has demonstrated acceptable financial responsibility;
(3) the proposed assignee or sublessee has
				demonstrated its ability to perform under the lease or concession;
(4) denial of the request is not required
				under 17 AAC 45.010(g)
				with respect to either party to the assignment or sublease;
(5) the assignment or sublease would provide
				the proposed assignee or sublessee with no greater rights, privileges, or
				authorities than those granted in the lease or concession being assigned or
				subleased;
(6) the proposed
				assignee's or sublessee's proposed use of the premises is authorized by the
				lease or concession being assigned or subleased;
(7) the terms and conditions of the proposed
				assignment or sublease adequately recognize and protect the department's
				interests under the lease or concession;
(8) the assignment or sublease is in the best
				interest of the state; and
(9) the
				premises subject to the assignment or sublease, when combined with the premises
				subject to other leases or concessions on the airport held by the assignee or
				sublessee, will not
(A) exceed the proposed
				assignee's or sublessee's needs, including reasonable future expansion;
				or
(B) result in the monopolization
				of an aeronautical use held by the proposed assignee or sublessee on the
				airport.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 2 - Authorization for Use of Rural Airport Property › 17 AAC 45.280 - Airport building permit

Current through May 31, 2024
(a) A lessee,
				permittee, or concessionaire may not clear, excavate, core, or fill land or
				construct, install, remodel, remove, or demolish temporary or permanent
				improvements on a premises without first obtaining an airport building
				permit.
(b) To obtain an airport
				building permit, an applicant must submit to the department
(1) an application for an airport building
				permit on an airport form;
(2) one
				set of plans and specifications for the proposed project in sufficient detail
				for the department to understand and evaluate the project and its
				scope;
(3) a boundary survey of the
				premises, incorporating any boundary changes previously approved by the
				department, if
(A) the premises is the
				subject of a land lease or of a permit or building lease that grants use and
				occupancy of an area of airport land; and
(B) the required survey is not already on
				file with the department at the date the lessee, permittee, or concessionaire
				files the building permit application; and
(4) a non-refundable building permit
				application fee of
(A) $200, if the
				application is for the construction of a new building; or
(B) $75, if the application is for any other
				kind of construction or installation, or for the demolition or removal of
				improvements.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 2 - Authorization for Use of Rural Airport Property › 17 AAC 45.285 - Airport boundary crossing permit

Current through May 31, 2024
(a) A person may
				not taxi an aircraft across an airport boundary at a location or drive a
				vehicle across an airport boundary other than on a public road or a
				department-approved trail provided for that purpose and not posted by the
				department as closed to such access, unless the person is authorized to do so
(1) under an airport boundary crossing permit
				issued by the department under this section;
(2) under (o) of this section; or
(3) by written consent of the
				department.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 2 - Authorization for Use of Rural Airport Property › 17 AAC 45.290 - Property survey

Current through May 31, 2024
(a) A lessee, permittee, or concessionaire
				shall, unless otherwise stated in the lease, permit, or concession,
(1) provide to the department a boundary
				survey plat of each airport lot or other land area described in the lease,
				permit, or concession as part of the premises, incorporating any boundary
				changes approved by the department, if
(A) a
				boundary survey is required in connection with the filing of a building permit
				under 17 AAC 45.280; or
(B) the department approves a lessee's,
				permittee's, or concessionaire's requested change in the premises boundary;
				and
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 2 - Authorization for Use of Rural Airport Property › 17 AAC 45.295 - Rental or fee rate adjustment

Current through May 31, 2024
(a) Unless
				otherwise specified in a lease, permit, or concession and subject to (b) of
				this section,
				17 AAC 45.297(f),
				and 17 AAC 45.300(e),
				the department will adjust the rent for a lease, permit, or concession if
				applying the applicable rental rate in the fee schedule established under
				17 AAC 45.127 results in an
				increase or decrease in the rent for that lease, permit, or
				concession.
(b) The department will
				not adjust the rent for a lease, permit, or concession under (a) of this
				section more often than once in a twelve-month period and, except for a
				successive lease, will not adjust the rent for a lease, permit, or concession
				with a term of more than 10 years during the first five years of that
				term.
(c) Unless otherwise
				specified in a lease, permit, or concession and subject to (d) and (e) of this
				section, in making a rent adjustment for a premises, the department will
(1) determine the new rate applicable to the
				lease, permit, or concession under the fee schedule established under
				17 AAC 45.127;
(2) establish the effective date of the rent
				adjustment; the effective date may not be earlier than 30 days after the date
				of the department's notice of rent adjustment under (3) of this subsection;
				and
(3) send to the lessee,
				permittee, or concessionaire a written rent adjustment notice that identifies
				the lease, permit, or concession that is the subject of the rent adjustment,
				the amount of the adjusted rent, the effective date of the adjustment, and the
				procedure for protesting the adjustment.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 2 - Authorization for Use of Rural Airport Property › 17 AAC 45.297 - Rental rate adjustment protest

Current through May 31, 2024
(a) If a lessee,
				permittee, or concessionaire believes an initial rental rate the department has
				established under
				17 AAC 45.127, or a rental rate
				adjustment the department has implemented as to the lessee, permittee, or
				concessionaire under
				17 AAC 45.295, is not allowed
				under this chapter or any other law, the lessee, permittee, or concessionaire
				may protest the rental rate adjustment under this section. Unless the person
				protesting the rental rate adjustment is an agency of the federal government,
				the person must begin to pay the adjusted rental rate as of the effective date
				stated in the department's rental rate adjustment notice and continue to pay
				the adjusted rental rate throughout the protest process. Failure to pay the
				adjusted rent on time while the protest is pending constitutes abandonment of
				the protest.
(b) A rental rate
				adjustment protest must be in writing and received by the department within 120
				days after the date the department mails or delivers the notice of rental rate
				adjustment to the lessee, permittee, or concessionaire under
				17 AAC 45.295.
(c) The protester must
(1) show that the adjusted rental rate
				exceeds fair market rent by submitting
(A) a
				written appraisal of fair market rent by an appraiser certified under AS 08.87
				as a general real estate appraiser; and
(B) the name, address, telephone number, and
				qualifications of the appraiser who prepared the appraisal; or
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 2 - Authorization for Use of Rural Airport Property › 17 AAC 45.299 - Lease of complete airport

Current through May 31, 2024
(a) The department
				may lease a complete airport to a municipality or person that the department
				determines has, directly or under contract, the staffing, equipment, and
				financial resources necessary to operate and maintain that airport in a manner
				consistent with applicable FAA standards and the public interest.
(b) A lease for a complete airport will
				require that during the term of the lease the lessee must
(1) operate the airport as a public
				facility;
(2) maintain the airport
				in accordance with criteria established in the lease; and
(3) comply with applicable FAA requirements
				or any covenants running with the land or facilities.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 3 - Competitive Award › 17 AAC 45.300 - Competitive award

Current through May 31, 2024
(a) The department will award a lease,
				permit, or concession by competitive means
(1)
				when this chapter or other applicable law requires;
(2) if the lease, permit, or concession is
				for an exclusive right; or
(3) when
				the department determines in writing that an award by competitive means is in
				the best interest of the state.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 3 - Competitive Award › 17 AAC 45.303 - Sealed bid

Current through May 31, 2024
(a) If the department makes a lease, permit,
				or concession available by sealed bid, the department will provide public
				notice of the invitation to bid in accordance with
				17 AAC 45.400 and provide a copy
				of the bid documents to each person who has paid an application fee under
				17 AAC 45.205(a)
				for an application relating to the property or rights being made available, and
				to each person who requests a copy and pays the amount charged for the copy
				under 17 AAC 45.127(s).
				The bid documents will state the requirements and instructions for submitting a
				bid.
(b) The department will set a
				bid opening date that is no earlier than 30 days after the date that the notice
				is first published or posted. In addition to applicable information required
				under 17 AAC 45.400(e),
				the notice will include
(1) a summary of the
				lease, permit, or concession being made available, including the length or
				range of term and a description of the premises;
(2) the date, time, and place for any pre-bid
				conference;
(3) the last date and
				time and the place for bid submission;
(4) the date, time, and place of public bid
				opening;
(5) any bidder
				qualifications;
(6) instructions
				for obtaining a copy of the bid documents; and
(7) a statement that the department may amend
				information stated in the notice by giving further notice only to all persons
				of record to whom the department provided a copy of the bid documents and
				without additional publication.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 3 - Competitive Award › 17 AAC 45.306 - Bid deposit

Current through May 31, 2024
(a) The department may require that each
				bidder submit with the bidder's sealed bid a deposit in an amount and form the
				department determines appropriate to ensure that the successful bidder will
				execute the lease, permit, or concession. The department will specify in the
				bid documents, the minimum deposit amount, the required form of deposit, and
				how the deposit will be applied. A required deposit amount may not exceed the
				greater of
(1) the department's estimate of
				one year's rents and fees; or
(2)
				the total rents and fees, as calculated by the bidder, that would be payable by
				the bidder for the first year of the lease, permit, or concession in the event
				the lease, permit, or concession were awarded to that bidder, plus twenty-five
				percent of any bonus bid by the bidder.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 3 - Competitive Award › 17 AAC 45.309 - Bid withdrawal: sealed bids

Current through May 31, 2024
(a) Except as
				provided in
				17 AAC 45.306(d),
				a bidder may withdraw the bidder's sealed bid only by written request delivered
				to the department at the designated place for submitting bids and before the
				last time and date set for bid submission. A request to withdraw a bid received
				by the department after the last date and time set for bid submission is late
				and will not be accepted unless the delay was due to an error of the
				department.
(b) A bidder may submit
				a new bid after withdrawal of a bid if the new bid is received at the
				designated place and by the last date and time specified in the bid
				documents.
(c) The department will
				not open any bid before the last date and time set for public bid opening under
				the bid documents.
Authority:
AS
					 02.15.020
AS 02.15.060
AS 02.15.070
AS
					 02.15.090
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 3 - Competitive Award › 17 AAC 45.312 - Cancellation or postponement of bid opening

Current through May 31, 2024
The department will cancel or postpone a bid opening if the
				  department determines in writing that cancellation or postponement is in the
				  best interest of the state. The department will give reasonable notice of the
				  cancellation or postponement to all persons of record to whom the department
				  provided a copy of the bid documents.
Authority:
AS
					 02.15.020
AS 02.15.060
AS 02.15.070
AS
					 02.15.090
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 3 - Competitive Award › 17 AAC 45.315 - Bid opening; notice of intent to award

Current through May 31, 2024
(a) The opening of
				sealed bids is open to the public. At the opening of sealed bids, the
				department will open each bid, announce the name of the bidder and the amount
				of the bid, and identify the bid that appears to be the highest among the bids
				received.
(b) Before issuing a
				notice of intent to award, the department will
(1) review each bid to determine its
				conformity with the bid requirements and instructions;
(2) determine the high bidder among the
				qualified bidders who submitted responsive bids, and offer any qualifying
				existing lessee the opportunity under
				17 AAC 45.215(e)
				to meet the highest bid; and
(3)
				determine under
				17 AAC 45.390 whether the high
				bidder identified under (2) of this subsection is responsible and, if not,
				determine which qualified and responsible bidder submitted the highest
				responsive bid.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 3 - Competitive Award › 17 AAC 45.318 - Nonresponsive bids

Current through May 31, 2024
The department will reject as nonresponsive each of multiple
				  bids submitted under the same name or under different names, if the bidding
				  entities are owned or controlled by the same person, or if the bid
(1) is submitted late or to the wrong place,
				unless the department determines that the bid was received before the last date
				and time set for bid opening and that the delay or incorrect place of bid
				submission was due to an error of the department;
(2) does not include the required bid
				deposit;
(3) is not validly
				signed;
(4) is illegible;
(5) is not submitted in a sealed
				package;
(6) fails to acknowledge
				all material addenda the department has issued;
(7) offers an alternative compensation
				formula that the bid documents do not allow;
(8) does not conform in all material respects
				to the bid documents; or
(9) is
				conditional.
Authority:
AS
					 02.15.020
AS 02.15.060
AS 02.15.070
AS
					 02.15.090
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 3 - Competitive Award › 17 AAC 45.321 - Nonresponsible bidders: sealed bids

Current through May 31, 2024
After opening sealed bids, the department will reject a bid
				  if the department determines in writing that the bidder is not responsible
				  under 17 AAC 45.390.
Authority:
AS
					 02.15.020
AS 02.15.060
AS 02.15.070
AS
					 02.15.090
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 3 - Competitive Award › 17 AAC 45.324 - Bid errors

Current through May 31, 2024
After the opening of sealed bids but before award, a bidder
				  may correct minor informalities, but may not correct any other errors
				  discovered in a bid.
Authority:
AS
					 02.15.020
AS 02.15.060
AS 02.15.070
AS
					 02.15.090
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 3 - Competitive Award › 17 AAC 45.327 - Rejection of all bids: sealed bids

Current through May 31, 2024
At any time before or after issuing a notice of intent to
				  award, the department will reject all sealed bids if the department determines
				  in writing that rejection is in the best interest of the state. If the
				  department rejects all bids, the department will give to all bidders written
				  notice stating the reasons for the rejection.
Authority:
AS
					 02.15.020
AS 02.15.060
AS 02.15.070
AS
					 02.15.090
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 3 - Competitive Award › 17 AAC 45.330 - Cancellation of award: sealed bids

Current through May 31, 2024
If the successful bidder does not, within the time set under
				  17 AAC 45.315(f)
				  or as extended by the department for good cause, sign and return the lease,
				  permit, concession, or other required document or perform any other requirement
				  of the bid documents, the department will cancel the award. The cancellation
				  will be in writing and state the reasons for the cancellation. If the
				  department cancels an award, the department will mail or deliver to all bidders
				  a notice of intent to award to the next highest bidder who is qualified,
				  responsible, and responsive or the department will reject all bids under
				  17 AAC 45.327.
Authority:
AS
					 02.15.020
AS 02.15.060
AS 02.15.070
AS
					 02.15.090
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 3 - Competitive Award › 17 AAC 45.333 - Public auction

Current through May 31, 2024
(a) If the department makes a lease, permit,
				or concession available by public auction, the department will give public
				notice of the auction in accordance with
				17 AAC 45.400 and provide a copy
				of the auction documents to each person who has paid an application fee under
				17 AAC 45.205(a)
				for an application relating to the property or rights being made available, and
				to each person who requests a copy and pays any amount charged for the copy
				under 17 AAC 45.127(s).
				The auction documents will state the requirements and instructions for
				participating in the auction.
(b)
				The department will set the auction date no earlier than 30 days after the date
				that the notice is first published or posted. In addition to applicable
				information required under
				17 AAC 45.400(e),
				the notice must include
(1) a summary of the
				lease, permit, or concession being made available, including the length or
				range of term and a description of the premises;
(2) the date, time, and place for any
				pre-auction conference;
(3) the
				date, time, and place for bidder registration;
(4) the date, time, and place for the
				auction;
(5) any bidder
				qualifications;
(6) instructions
				for obtaining a copy of the auction documents; and
(7) a statement that the department may amend
				information stated in the notice by giving further notice only to all persons
				of record to whom the department provided a copy of the auction documents and
				without additional publication.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 3 - Competitive Award › 17 AAC 45.336 - Registration deposit

Current through May 31, 2024
(a) The department may require that a person
				registering to bid at an auction submit a registration deposit at the time of
				registering. The registration deposit must be in an amount and form the
				department determines appropriate to ensure that the successful bidder executes
				the lease, permit, or concession. The department will specify in the auction
				documents the deposit amount, the required form of deposit and how the deposit
				will be applied. A required deposit amount may not exceed the department's
				estimate of rents and fees payable in the first year under the lease, permit,
				or concession to be awarded, plus twenty-five percent of any minimum bonus bid
				required in the auction documents.
(b) If the successful bidder does not sign
				the lease, permit, concession, or any other required document or perform any
				other requirement of the auction documents within the time required under the
				auction documents, the bidder forfeits the deposit as liquidated damages for
				the lost benefit to and related additional costs incurred by the department.
				However, the bidder does not forfeit the deposit if the department finds that
				the bidder's failure is excused by extraordinary circumstances beyond the
				bidder's control.
(c) Subject to
				(d) of this section, the department will return the deposit of any unsuccessful
				bidder only after the lease, permit, or concession has been awarded and
				executed by the department. The department will return all deposits if the
				department rejects all bids or cancels the auction.
(d) After auction and prior to award and
				execution of the lease, permit, or concession, the department will return the
				registration deposit of a bidder who is not the apparent high bidder if the
				bidder submits to the department a written withdrawal of the bidder's bid from
				further consideration and the department determines that withdrawal of the bid
				and return of the deposit before award and execution of the lease, permit, or
				concession is in the best interest of the state.
(e) Unless the department determines
				otherwise in writing, withdrawal of a bid and return of a deposit under (d) of
				this section is presumed in the best interest of the state if those actions are
				requested to enable the bidder to bid or propose on a different lease, permit,
				or concession while the department is holding the deposit that the bidder has
				requested be returned. In that case, the withdrawal becomes effective upon the
				department's receipt of the bidder's new bid or proposal, and the department
				will apply the deposit that the person submitted in support of the withdrawn
				bid toward the deposit requirement for the new bid or proposal.
Authority:
AS
					 02.15.020
AS 02.15.060
AS 02.15.070
AS
					 02.15.090
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 3 - Competitive Award › 17 AAC 45.339 - Cancellation or postponement of auction

Current through May 31, 2024
The department will cancel or postpone an auction if the
				  department determines in writing that cancellation or postponement is in the
				  best interest of the state. The department will give reasonable notice of the
				  cancellation or postponement to all persons of record to whom the department
				  provided a copy of the auction documents.
Authority:
AS
					 02.15.020
AS 02.15.060
AS 02.15.070
AS
					 02.15.090
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 3 - Competitive Award › 17 AAC 45.342 - Notice of intent to award: auctions

Current through May 31, 2024
(a) The department
				will identify and announce the highest bid and bidder at the auction. Subject
				to (c) of this section and to the provisions of
				17 AAC 45.345, the identification
				of the highest bidder constitutes the department's notice of intent to award
				the lease, permit, or concession to that bidder. The department's oral
				announcement constitutes notice of decision to all persons for purposes of the
				protest provisions of
				17 AAC 45.910(b) (2). The highest bidder must sign the lease,
				permit, or concession at the auction.
(b) Before the department signs the lease,
				permit, concession, or other related document, the department will determine
				whether the highest bidder has fulfilled all the auction requirements and
				whether the bidder is responsible under
				17 AAC 45.390. The department will
				not sign the lease, permit, or concession earlier than seven days after the
				date of the auction.
(c) If at an
				auction the department receives only one bid from a qualified and responsible
				bidder, the department will either award the lease, permit, or concession to
				that bidder or, if the department determines that the bid is not in the best
				interest of the state, reject the bid under
				17 AAC 45.345.
Authority:
AS
					 02.15.020
AS 02.15.060
AS 02.15.070
AS
					 02.15.090
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 3 - Competitive Award › 17 AAC 45.345 - Rejection of all bids: auctions

Current through May 31, 2024
At any time before or after announcing the highest bid and
				  bidder at an auction, the department will reject all auction bids if the
				  department determines that rejection is in the best interest of the state.
				  Within ten days after rejecting all bids under this section, the department
				  will state the reasons for that decision in writing and mail or deliver a copy
				  of that writing to all bidders.
Authority:
AS
					 02.15.020
AS 02.15.060
AS 02.15.070
AS
					 02.15.090
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 3 - Competitive Award › 17 AAC 45.348 - Cancellation of award: auctions

Current through May 31, 2024
If the highest bidder at an auction does not sign the lease,
				  permit, concession, or any other required document at the auction or perform
				  any other auction requirement, the department will cancel the award. The
				  cancellation will be in writing and state the reasons for the cancellation. If
				  the department cancels an award, the department will mail or deliver to all
				  bidders a notice of intent to award the bid to the next highest bidder who is
				  qualified, responsible, and responsive or the department will reject all bids
				  under 17 AAC 45.345.
Authority:
AS
					 02.15.020
AS 02.15.060
AS 02.15.070
AS
					 02.15.090
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 3 - Competitive Award › 17 AAC 45.351 - Nonresponsible bidder: auctions

Current through May 31, 2024
The department will reject a bid made at an auction if the
				  department determines in writing that the bidder is not responsible under
				  17 AAC 45.390.
Authority:
AS
					 02.15.020
AS 02.15.060
AS 02.15.070
AS
					 02.15.090
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 3 - Competitive Award › 17 AAC 45.354 - Competitive proposal

Current through May 31, 2024
(a) If the department makes a lease, permit,
				or concession available by competitive proposal, the department will give
				public notice of the request for proposals in accordance with
				17 AAC 45.400 and provide a copy
				of the proposal documents to each person who has paid an application fee under
				17 AAC 45.205(a)
				for an application relating to the property or rights being made available, and
				to each person who requests a copy and pays any amount charged for the proposal
				documents under
				17 AAC 45.127(s).
				The proposal documents will state the requirements and instructions for
				submitting a proposal.
(b) The
				department will set the last time and date for submission of proposals no
				earlier than 30 days after the date the notice is first published or posted. In
				addition to applicable information required under
				17 AAC 45.400(e),
				the notice must include
(1) a summary of the
				lease, permit, or concession being made available, including the length or
				range of term and a description of the premises;
(2) the date, time, and place for any
				pre-proposal conference;
(3) the
				last date and time and the place for submission of proposals;
(4) any proposer qualifications;
(5) instructions for obtaining a copy of the
				proposal documents; and
(6) a
				statement that the department may amend information stated in the notice by
				giving further notice only to all persons who have requested a copy of the
				proposal documents and without additional publication.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 3 - Competitive Award › 17 AAC 45.357 - Proposal deposit

Current through May 31, 2024
(a) The department may require that each
				proposer submit with the proposal a deposit in an amount and form the
				department determines appropriate to ensure that the successful proposer
				executes the lease, permit, or concession. The department will specify in the
				proposal documents the minimum deposit amount, the required form of deposit,
				and how the deposit will be applied. The required deposit amount will not
				exceed the greater of
(1) the department's
				estimate of one year's rents and fees; or
(2) the total rents and fees, as calculated
				by the proposer, that would be payable by the proposer for the first year of
				the lease, permit, or concession, in the event the lease, permit, or concession
				were awarded to that proposer, plus twenty-five percent of any bonus proposed
				by the proposer.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 3 - Competitive Award › 17 AAC 45.360 - Proposal withdrawals

Current through May 31, 2024
(a) Except as provided in
				17 AAC 45.357(d),
				a proposer may withdraw the proposal only by a written request delivered to the
				department at the address for submitting proposals and before the last date and
				time set for submitting proposals. A request to withdraw a proposal received
				after the last date and time set for proposal submission is late and will not
				be accepted unless the delay was due to an error of the department.
(b) A proposer may submit a new proposal
				after withdrawal of a proposal if the new proposal is received at the
				designated place by the last date and time specified in the proposal
				documents.
(c) The department will
				not open any proposal before the last date and time for proposal submission set
				in the proposal documents.
Authority:
AS
					 02.15.020
AS 02.15.060
AS 02.15.070
AS
					 02.15.090
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 3 - Competitive Award › 17 AAC 45.363 - Cancellation or postponement of request for proposals

Current through May 31, 2024
The department will cancel or postpone a request for
				  proposals if the department determines in writing that cancellation or
				  postponement is in the best interest of the state. The department will give
				  reasonable notice of the cancellation or postponement to all persons of record
				  to whom the department provided a copy of the proposal
				  documents.
Authority:
AS
					 02.15.020
AS 02.15.060
AS 02.15.070
AS
					 02.15.090
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 3 - Competitive Award › 17 AAC 45.369 - Nonresponsive proposals

Current through May 31, 2024
(a) Unless the
				proposal documents state that alternate proposals are acceptable, the
				evaluation committee appointed under
				17 AAC 45.366 shall consider a
				proposal as not responsive if the proposer submits more than one proposal under
				the same or different names.
(b)
				The evaluation committee need not evaluate a proposal that the committee finds
				to be nonresponsive because the proposal
(1)
				is submitted late or to the wrong place, unless the committee determines that
				the delay or incorrect place of proposal submission was due to an error of the
				department;
(2) does not include
				the required proposal deposit;
(3)
				is not validly signed;
(4) is
				illegible;
(5) is not submitted in
				a sealed package;
(6) fails to
				acknowledge all material addenda that the department has issued;
(7) offers an alternative compensation
				formula that the proposal documents do not allow;
(8) does not conform in all material respects
				to the proposal documents; or
(9)
				is conditional.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 3 - Competitive Award › 17 AAC 45.372 - Nonresponsible proposers

Current through May 31, 2024
(a) The evaluation
				committee appointed under
				17 AAC 45.366 may not recommend
				award to a proposer if the committee determines in writing that the proposer is
				not responsible under
				17 AAC 45.390 or because the
				proposer fails timely to make a required presentation, attend an interview, or
				submit a refined or revised proposal or other information requested by the
				proposal evaluation committee.
(b)
				The department will consider the responsibility of any proposer not recommended
				by the evaluation committee but considered for award under
				17 AAC 45.366(i) and (j) or
				17 AAC 45.381. The department will
				not award to such a proposer if the department determines in writing that the
				proposer is not responsible under
				17 AAC 45.390.
Authority:
AS
					 02.15.020
AS 02.15.060
AS 02.15.070
AS
					 02.15.090
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 3 - Competitive Award › 17 AAC 45.375 - Notice of intent to award: proposals

Current through May 31, 2024
(a) Subject to
				17 AAC 45.378, the department will
				issue a written notice of intent to award the lease, permit, or concession to
				the successful proposer. At least seven days before awarding the lease, permit,
				or concession, the department will mail or deliver the notice to all proposers.
				The notice will include the identity of the successful proposer, the rankings
				of all proposals received, and instructions for filing a protest.
(b) The department will mail or deliver the
				lease, permit, concession, or other document required under the proposal
				documents to the successful proposer. The successful proposer must sign and
				return the lease, permit, or concession and perform any other requirement of
				the proposal documents within the time set by the proposal documents, or if the
				proposal documents state no deadline, within the time set in the department's
				transmittal of the lease, permit, or concession for signature.
Authority:
AS
					 02.15.020
AS 02.15.060
AS 02.15.070
AS
					 02.15.090
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 3 - Competitive Award › 17 AAC 45.378 - Rejection of all proposals

Current through May 31, 2024
At any time before or after issuing a notice of intent to
				  award, the department will reject all proposals if the department determines in
				  writing that rejection is in the best interest of the state. If the department
				  rejects all proposals, the department will give to all proposers written notice
				  stating the reasons for the rejection.
Authority:
AS
					 02.15.020
AS 02.15.060
AS 02.15.070
AS
					 02.15.090
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 3 - Competitive Award › 17 AAC 45.381 - Cancellation of award: proposals

Current through May 31, 2024
If the successful proposer does not sign the lease, permit,
				  concession, or any other required document or perform any other requirement of
				  the proposal documents within the time set under
				  17 AAC 45.375(b)
				  or as extended by the department for good cause, the department will cancel the
				  award. The cancellation will be in writing and state the reasons for the
				  cancellation. If the department cancels an award, the department will,
				  following any negotiations process under
				  17 AAC 45.366(i) and (j) and subject to a nonresponsibility
				  determination under
				  17 AAC 45.372(b)
				  and 17 AAC 45.390, mail or deliver to
				  all proposers a notice of intent to award the agreement to the proposer of the
				  next best proposal, as ranked by the proposal evaluation committee, or reject
				  all proposals under
				  17 AAC 45.378.
Authority:
AS
					 02.15.020
AS 02.15.060
AS 02.15.070
AS
					 02.15.090
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 3 - Competitive Award › 17 AAC 45.390 - Standards of responsibility

Current through May 31, 2024
(a) In determining
				whether a bidder or proposer under
				17 AAC 45.300 -
				17 AAC 45.399 is responsible, the
				department will or the evaluation committee shall, as applicable, consider such
				relevant factors as the bidder's or proposer's
(1) record of operational and contractual
				performance;
(2) legal
				qualification to contract with the state;
(3) financial capacity and access to
				financing relative to the obligations of the lease, permit, or concession;
				and
(4) possession of, plan to
				obtain, or documented commitment from a third person to provide, as applicable,
				equipment, expertise, personnel, franchise rights, or other items necessary to
				fulfill the obligations of the lease, permit, or concession.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 3 - Competitive Award › 17 AAC 45.393 - Bid, auction, or proposal protest

Current through May 31, 2024
A bidder or proposer under
				  17 AAC 45.300 -
				  17 AAC 45.399, as applicable, may
				  protest the department's intent to award a lease, permit, or concession made
				  available for bid or proposal or the department's rejection of a bid or
				  proposal in accordance with
				  17 AAC 45.910.
Authority:
AS
					 02.15.020
AS 02.15.060
AS 02.15.070
AS 02.15.090
AS
					 02.15.200
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 4 - Public Notice; Lease, Permit, and Concession Terms; Insurance; and Cancellation › 17 AAC 45.400 - Public notice

Current through May 31, 2024
(a) Except as
				otherwise provided in (b) or (d) of this section, when this chapter requires
				public notice, the department will give the public not less than
(1) 30 days' notice by posting the required
				notice on the Alaska Online Public Notice System;
(2) 21 days' notice by posting the notice in
				a public place on the affected airport or in the nearest community, with the
				notice prominently marked "Please leave posted and fully visible until ______;"
				the department will insert in the blank a date that is no earlier than the last
				day for receipt of comments and not less than 21 days after the date of first
				posting; and
(3) if the department
				finds additional notice is in the best interest of the state, the department
				will publish notice at least once each week for three consecutive weeks in at
				least one newspaper of general circulation in the vicinity of the affected
				airport or in any other publication the department finds
				appropriate.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 4 - Public Notice; Lease, Permit, and Concession Terms; Insurance; and Cancellation › 17 AAC 45.410 - General terms of a lease, permit, or concession

Current through May 31, 2024
(a) The department
				will include provisions in a lease, permit, or concession that
(1) identify the obligations and privileges
				of the parties;
(2) produce fair
				and reasonable revenue for the state;
(3) foster the safe, effective, and efficient
				operation of the airport;
(4)
				require compliance with applicable law; and
(5) are in the best interest of the
				state.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 4 - Public Notice; Lease, Permit, and Concession Terms; Insurance; and Cancellation › 17 AAC 45.425 - Insurance for leases, permits, and concessions

Current through May 31, 2024
(a) Except as
				provided under (b) of this section, the department will not require a lessee,
				permittee, or concessionaire to provide insurance coverage as a condition of
				that person's lease, permit, or concession.
(b) The department will require a lessee,
				permittee, or concessionaire to provide insurance coverage as a condition of
				that person's lease, permit, or concession only upon a written determination by
				the commissioner, or the commissioner's designee, after consultation with the
				Department of Administration, division of risk management, that
(1) the activity, construction, or operation
				of the lessee, permittee, or concessionaire under the lease, permit, or
				concession will expose the state to a liability risk greater than the risk
				typically posed by the activity, construction, or operation of lessees,
				permittees, or concessionaires that are not required to obtain insurance under
				this section; and
(2) it is in the
				best interest of the state to require the lessee, permittee, or concessionaire
				to provide insurance coverage.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 4 - Public Notice; Lease, Permit, and Concession Terms; Insurance; and Cancellation › 17 AAC 45.430 - Cancellation of a lease, permit, or concession

Current through May 31, 2024
(a) The department
				will deliver by mail, hand, electronic transmission, or posting on the premises
				a written notice to a lessee, permittee, or concessionaire that violates a term
				of a lease, permit with a term greater than 270 days, or concession when the
				department considers the violation to be a material deviation from the
				requirements of the lease, permit, or concession. Notice under this section is
				considered effective the earlier of the date the lessee, permittee, or
				concessionaire is in actual receipt of the written notice, or three days after
				mailing to the address the lessee, permittee, or concessionaire most recently
				provided to the department in writing. The department will allow the lessee,
				permittee, or concessionaire the time specified in this chapter for the
				specific type of lease, permit, or concession, the time specified in the lease,
				permit, or concession, or 30 days if no time is specified in this chapter or in
				the lease, permit, or concession, to correct the violation. However, if the
				department determines, under (d) of this section, that the violation
				constitutes an imminent threat to public health or safety, the department may
				require immediate correction. Provision of notice as described in this
				subsection to a permittee does not diminish the right of the department under
				(h) of this section to cancel a permit.
(b) If a lessee, permittee, or concessionaire
				does not correct the violation by the time allowed in the notice, the
				department will
(1) grant an extension of time
				to correct the violation for good cause shown by the lessee, permittee, or
				concessionaire;
(2) take
				enforcement action as provided under the lease or as available by law;
				or
(3) cancel the lease, permit, or
				concession.