Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 13 - Alaska Industrial Development and Export Authority › Chapter 100 - Procurement › Article 1 - Roles and Responsibilities › 3 AAC 100.050 - Applicability of regulations

Current through May 31, 2024
(a) This chapter
				  applies only to contracts solicited or entered into after September 25, 2013
				  unless the parties agree to apply this chapter to a contract solicited or
				  entered into before that date.
(b)
				  This chapter applies to the expenditure of the authority's funds under a
				  contract, except that this chapter does not apply to
(1) transactions of the types listed as
				  exempt under
				  AS
				  36.30.850(b);
(2) loans, loan guarantees, bonds, bond
				  guarantees, or other indebtedness of the authority;
(3) contracts that delegate, in whole or in
				  part, the authority's investment powers or fiduciary duties with respect to
				  investments;
(4) contracts to
(A) finance or acquire a development project
				  under AS
				  44.88.172, or contracts with an agent or
				  other person to operate or manage a development project under
				  AS
				  44.88.172;
(B) assist in financing or developing a
				  qualified energy development by any means authorized under
				  AS
				  44.88.680(a)(1), (2), (4), or
				  (5); or
(C) assist in financing or developing an
				  Arctic infrastructure development by any means authorized under
				  AS
				  44.88.830(a)(1), (2), (4), or
				  (5);
(5) expenditures by or for the benefit of a
				  partner, developer, limited liability company, or other entity participating
				  with the authority in the financing or development of a project, qualified
				  energy development, or Arctic infrastructure development, whether through a
				  public-private partnership agreement or otherwise, unless expressly adopted in
				  the agreement between the authority and the partner, developer, limited
				  liability company, or other entity;
(6) contracts between the authority and the
				  state, its political subdivisions, and other governments or political
				  subdivisions;
(7) contracts for
				  legal services relating to existing or probable lawsuits in which the authority
				  is or may become a party;
(8) 
				  transactions relating to the operation and protection of assets or disposals of
				  property, equipment, or supplies that are acquired through foreclosure, deeds
				  in lieu of foreclosure, or other proceedings against collateral for loans or
				  guarantees of the authority;
(9) 
				  transactions relating to the operation and protection of assets or disposals of
				  property, equipment, or supplies acquired after default under, or a termination
				  of, a contract regarding a development project under
				  AS
				  44.88.172, a qualified energy development
				  under AS
				  44.88.680, or an Arctic infrastructure
				  development under
				  AS
				  44.88.830; or
(10) transactions involving or for the
				  benefit of any subsidiary entity of the authority that is part of a davelopment
				  project under
				  AS
				  44.88.172, a qualified energy development
				  under AS
				  44.88.680, or an Arctic infrastructure
				  development under
				  AS
				  44.88.830.