reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 2 - Administration › Chapter 08 - Leave Rules › 2 AAC 08.045 - Cash value of personal leave

Current through May 31, 2024
(a) Personal leave
			 accrued by an employee during each pay period is converted to a cash value by
			 multiplying the hours accrued during that pay period in that month by the
			 employee's annualized hourly rate of pay for the pay period. The resulting
			 amount shall be added to the cash-value amounts calculated for previous pay
			 periods. The total of all the cash values is the cash value of the employee's
			 personal leave balance.
(b)
			 Repealed 9/11/2022.
(c) Repealed
			 9/11/2022.
(d) The cash value of
			 personal leave when personal leave is used by the employee as time off shall be
			 reduced by the employee's annualized hourly rate times the number of hours used
			 on a first-in-first-out basis. For "first-in-first-out basis", the value of the
			 leave accrued earliest is subtracted from the balance to calculate the
			 remaining value of the cash value after the use of accrued leave.
(e) The value of leave donated under
			 AS
			 39.20.245(a) for the
			 memorial scholarship revolving loan fund, or to a scholarship account in the
			 fund, under
			 AS
			 14.43.250-14.43.325 is calculated in the
			 manner set out at (d) of this section.
(f) The value of leave donated by an employee
			 to another employee for leave for medical reasons under
			 AS
			 39.20.245(b) is calculated
			 by multiplying the employee's present annualized hourly rate by the number of
			 hours of leave donated and dividing the resulting amount by the annualized
			 hourly rate of the donee.
(g) The
			 value of leave cashed in under
			 2 AAC 08.065 is calculated in accordance with (d) of
			 this section.
Authority:
AS
				  39.20.200
AS
				  39.20.320
Alaska Administrative Code › Title 2 - Administration › Chapter 08 - Leave Rules › 2 AAC 08.050 - Use of personal leave

Current through May 31, 2024
(a) Accrued personal leave is available for
			 use after an employee has completed 30 continuous calendar days of employment.
			 Personal leave may be granted at any time business permits with the prior
			 approval of the employee's supervisor.
(b) Personal leave for medical reasons must
			 be granted if the supervisor is satisfied that the employee is absent for a
			 "medical reason" as defined in
			 AS
			 39.20.225(b) or for family
			 leave under
			 AS
			 39.20.305, except that family leave need not
			 be granted to two employees simultaneously for a serious health condition of
			 the parent or child of two employees. Employees must provide prior notice of
			 foreseeable use of family leave to the principal executive officer of their
			 agencies and must make reasonable efforts to schedule family leave so as not to
			 unduly disrupt the state's operations in accordance with
			 AS
			 39.20.305(b). Family leave
			 for pregnancy and childbirth, or the placement of a child, other than the
			 employee's stepchild, with the employee for adoption may be taken on an
			 intermittent or reduced schedule basis until the employee has recovered from
			 the incapacity of delivery or the child has been placed for adoption.
			 Thereafter, family leave shall be taken in a single block of time.
(c) If wage continuation payments are made to
			 an employee under the Alaska Workers' Compensation Act (AS 23.30), the amount
			 of those payments will be deducted from payments for personal leave. The
			 employee's accrued personal leave account will be charged only to the extent
			 that payments are made for personal leave.
(d) Leave use by an employee who is receiving
			 a higher rate of pay under
			 2 AAC 07.333 shall be at the employee's normal rate of
			 pay that would apply absent the delegation to perform essentially all the
			 duties of a specific position in a higher range.
(e) Repealed 10/29/2015.
(f) Repealed 10/29/2015.
(g) Repealed 10/29/2015.
(h) Repealed 10/29/2015.
(i) Repealed 10/29/2015.
The 7/25/94 amendments to
				  2 AAC 08.050(b) and the adoption of
				  2 AAC 08.050(d) first appeared in print
				  in the Alaska Administrative Code with Register 137, April 1996.
Even though
				  2 AAC 08.050(e), (t), (g), (h), and (i), repealed as of 10/29/2016, were
				  effective October 11, 2013, and would have appeared in Register 208, the
				  regulations were not prepared for publication and were not printed in the
				  Alaska Administrative Code.
Authority:
AS
				  39.20.225
AS 39.20.256
AS 39.20.305
AS
				  39.20.320
Alaska Administrative Code › Title 2 - Administration › Chapter 08 - Leave Rules › 2 AAC 08.060 - Mandatory use of personal leave

Current through May 31, 2024
(a) At least 10
			 days of personal leave must be used each leave year. Employees and supervisors
			 will be advised by the employee's payroll office on or before October 16 of
			 each year how many days of personal leave must be used to fulfill the 10-day
			 minimum requirement under
			 AS
			 39.20.225,
			 2 AAC 08.062, and this section. For the purpose of this
			 subsection, "personal leave" means paid personal leave or authorized leave
			 without pay; it does not include disciplinary leave without pay and
			 unauthorized leave without pay.
(b)
			 If the employee does not schedule the mandatory 10 days of personal leave or
			 remainder of it, the employee's supervisor may direct the employee to use the
			 appropriate amount of personal leave to satisfy the 10-day
			 requirement.
(c) If at the end of
			 the leave year the employee has failed to use the 10 days of personal leave
			 required, the difference between 10 days and the amount of personal leave
			 actually used and its cash value will be deducted from the employee's personal
			 leave account and cash value balances. No payment will be made to the employee
			 for the personal leave that was deducted.
(d) Notwithstanding the provisions of (c) of
			 this section, the unused portion of the mandatory 10-days' personal leave will
			 not be deducted from the personal leave account and cash value balances if the
			 employee's department or agency head certifies in writing that the employee was
			 denied the opportunity to use mandatory personal leave.
(e) When an employee changes employment or
			 changes to a new bargaining unit resulting in a change from annual and sick
			 leave to a personal leave plan, or from personal leave to an annual and sick
			 leave plan, the employee will be subject to the mandatory leave usage
			 provisions of the unit in which employed at the end of the leave
			 year.
(f) An employee under a leave
			 plan requiring the use of more than five days of mandatory leave each year, who
			 changes to a leave plan requiring only five days of mandatory leave each year
			 will not receive a refund of, or payment for, leave used in excess of the
			 mandatory requirement.
(g) Repealed
			 10/16/87.
(h) Five or fewer days of
			 personal leave cashed-in under
			 2 AAC 08.065 may be applied to the employee's mandatory
			 personal leave requirement under
			 AS
			 39.20.225,
			 2 AAC 08.062, and this section.
Even though
				  2 AAC 08.060(g) was repealed effective
				  October 16, 1987, it was not published until Register 107, October
				  1988.
Authority:
AS
				  39.20.200
AS 39.20.225
AS
				  39.20.320
Alaska Administrative Code › Title 2 - Administration › Chapter 08 - Leave Rules › 2 AAC 08.062 - Accumulation of personal leave

Current through May 31, 2024
(a) Except as
			 provided in
			 AS
			 39.20.240,
			 2 AAC 08.060, this section, and personal leave that is
			 not taken by an employee during the leave year accumulates for the employee's
			 use in succeeding leave years.
(b)
			 Except as provided in (d), (e) and (f) of this section, an employee may not
			 accumulate more than 1,000 hours of personal leave at the end of each leave
			 year.
(c) If an employee's personal
			 leave balance is projected to exceed 1000 hours at the end of the leave year,
			 the employee and supervisor will be notified by the employee's payroll office
			 by May 1 of each year, and the employee must submit a plan to use the personal
			 leave to the employee's supervisor for written approval by June 1 of each year.
			 The supervisor will approve the plan so long as the plan does not significantly
			 disrupt business operations. If the employee's plan is not approved, the
			 supervisor will suggest an alternative plan. If the employee fails to submit a
			 plan, adhere to an approved plan, or the employee and the employee's supervisor
			 fail to agree on a plan, the employee's division director or equivalent will
			 order the employee to take sufficient personal leave to reduce the employee's
			 balance or potential leave balance at the end of the leave year below the
			 accumulation maximum. The agreed upon plan may be amended with mutual agreement
			 of the employee and supervisor.
(d)
			 An employee may be approved to carry over more than 1000 hours of accrued
			 personal leave to succeeding leave years if the department or agency head
			 certifies in writing that the employee was unable to reduce the employee's
			 accrued hours because the employee was denied the opportunity to use the
			 personal leave due to
(1) fire, flood, or
			 other emergency affecting the employer's operation; or
(2) the assignment of work of a priority
			 nature over a substantial period of the leave year.
Alaska Administrative Code › Title 2 - Administration › Chapter 08 - Leave Rules › 2 AAC 08.065 - Leave cash-in

Current through May 31, 2024
(a) An employee covered by this chapter who
			 has at least five days of accrued personal leave may cash in personal leave six
			 or fewer times in a leave year. The employee's personal leave account and cash
			 value balances will be reduced by the number of days and cash value of personal
			 leave cashed in. A leave cash-in must not reduce an employee's leave balance to
			 less than five days.
(b) Repealed
			 10/16/87.
(c) Repealed
			 7/4/2010.
(d) Leave cash-in by an
			 employee who is receiving a higher rate of pay under
			 2 AAC 07.333 shall be at the employee's normal rate of
			 pay that would apply absent the delegation to perform essentially all the
			 duties of a specific position in a higher range.
Even though the amendment of 2 AAC 065(a) and (c) was
				  effective 7/4/2010, it was not published until Register 196, January
				  2011.
Even though
				  2 AAC 08.065(b) was repealed effective
				  October 16, 1987, it was not published until Register 107, October 1988.
The 7/25/94 adoption of
				  2 AAC 08.065(d) first appeared in print
				  in the Alaska Administrative Code with Register 137, April
				  1996.
Authority:
AS
				  39.20.320
AS 39.20.225
AS 39.20.240
AS
				  39.20.320
Alaska Administrative Code › Title 2 - Administration › Chapter 08 - Leave Rules › 2 AAC 08.070 - Donation of personal leave

Current through May 31, 2024
(a) Any employee
			 covered by this chapter may donate the cash value of one or more days of
			 personal leave each year to the memorial scholarship revolving loan fund, or to
			 a scholarship account in the fund.
(b) Any employee, whether covered by the
			 authority of this chapter or a collective bargaining agreement, may donate
			 accrued personal or annual leave to another employee for use as leave for
			 medical reasons.
(c) Leave donated
			 under the authority of this chapter or a collective bargaining agreement does
			 not reduce the mandatory leave requirement under
			 AS
			 39.20.225,
			 39.20.240,
			 2 AAC 08.060, and
			 2 AAC 08.062.
Authority:
AS
				  39.20.200
AS 39.20.225
AS 39.20.240
AS 39.20.245
AS
				  39.20.320
Alaska Administrative Code › Title 2 - Administration › Chapter 08 - Leave Rules › 2 AAC 08.075 - Use of donated leave for medical reasons

Current through May 31, 2024
The recipient of leave donated under
				2 AAC 08.070(b) may use the leave for
				purposes described in
				2 AAC 08.050(b) only when all accrued
				personal leave has been exhausted and all banked sick leave under
				2 AAC 08.090(b) has been exhausted or
				is not available due to the time threshold of
				2 AAC 08.090(b) (2).
Authority:
AS
				  39.20.245
AS
				  39.20.320
Alaska Administrative Code › Title 2 - Administration › Chapter 08 - Leave Rules › 2 AAC 08.078 - Leave for organ or bone marrow donation

Current through May 31, 2024
Notwithstanding
				2 AAC 08.010(b) (1) - (4) and (6) -
				(8), an employee is eligible for paid administrative leave of not more than 80
				hours and not less than 40 hours within a leave year, unless the employee
				requests fewer hours, to make a personal organ or bone marrow donation under
				AS
				39.20.275.
Even though the adoption of
				  2 AAC 08.078 was effective 6/26/2009, it was not
				  published until Register 192, January
				  2010.
Authority:
AS
				  39.20.275
AS
				  39.20.320
Alaska Administrative Code › Title 2 - Administration › Chapter 08 - Leave Rules › 2 AAC 08.080 - Transfer of annual and personal leave

Current through May 31, 2024
(a) If an employee
			 transfers with no break in service to a position not covered by a collective
			 bargaining agreement, accrued annual or personal leave will be transferred to
			 the employee's new personal leave account.
(b) If an employee transfers, with no break
			 in service, to a position that is covered by a collective bargaining agreement,
			 accrued annual or personal leave will be transferred to the employee's new
			 annual or personal leave account.
Authority:
AS
				  39.20.255
AS
				  39.20.320
Alaska Administrative Code › Title 2 - Administration › Chapter 08 - Leave Rules › 2 AAC 08.090 - Transfer and use of accrued sick leave

Current through May 31, 2024
(a) Employees
			 covered by this chapter accrue personal leave in lieu of sick and annual leave.
			 Employees who have accrued a sick leave balance under the terms of a collective
			 bargaining agreement who move to a position not covered by a collective
			 bargaining agreement with no break in service will have 40 percent of that sick
			 leave transferred to the employee's personal leave account and 60 percent of
			 that sick leave transferred to a surplus sick leave bank. The sick leave that
			 is transferred to the employee's personal leave account will be converted to
			 cash value at the employee's rate of pay on the effective date of the transfer
			 to personal leave.
(b) Banked sick
			 leave may not be used unless the employee has
(1) no accrued personal leave; and
(2) a medical disability exceeding 10
			 consecutive working days in duration; or
(3) a medical disability exceeding 30
			 consecutive working days in duration.
Alaska Administrative Code › Title 2 - Administration › Chapter 08 - Leave Rules › 2 AAC 08.095 - Use of leave without pay

Current through May 31, 2024
(a) Leave without pay may be required in
			 connection with employee discipline.
(b) Leave without pay may be taken by an
			 employee as part of the eighteen-workweek family leave after the personal leave
			 balance is reduced to five days. An employee may choose whether to retain or
			 exhaust the five-day balance before taking the remaining family leave as leave
			 without pay.
(c) Leave without pay
			 may be taken during the period an employee is unable to work; use of personal
			 leave shall be treated as leave without pay to the extent of wage continuation
			 payments made under the Workers' Compensation Act.
(d) The principal executive officer of a
			 department or agency may authorize leave without pay at the request of an
			 employee for a period of up to 12 months. The principal executive officer shall
			 determine whether the employee must use all accrued personal leave before the
			 period of leave without pay begins.
(e) Repealed 5/8/92.
(f) A furlough under
			 2 AAC 07.407 is not leave without pay.
The 5/8/92 amendment to
				  2 AAC 08.095 was not published until Register 123,
				  (October 1992).
The 7/25/94 amendments to
				  2 AAC 08.095(b) and the adoption of
				  2 AAC 08.095(f) first appeared in print
				  in the Alaska Administrative Code with Register 137 (April
				  1996).
Authority:
AS
				  39.20.320
Alaska Administrative Code › Title 2 - Administration › Chapter 08 - Leave Rules › 2 AAC 08.100 - Effect of leave without pay on the leave anniversary date

Current through May 31, 2024
The leave anniversary date must be moved one month later for
				each 23 days of leave without pay in a leave year unless the leave without pay
				is in connection with military service under
				AS
				26.10.060, or is for a furlough under
				2 AAC 07.407.
The 7/25/94 amendments to
				  2 AAC 08.100 first appeared in print in the Alaska
				  Administrative Code with Register 137 (April
				  1996).
Authority:
AS
				  39.20.320
Alaska Administrative Code › Title 2 - Administration › Chapter 08 - Leave Rules › 2 AAC 08.105 - Effect of termination and reemployment on banked sick leave

Current through May 31, 2024
(a) Except as
			 provided in
			 2 AAC 08.090(g), an employee's banked
			 sick leave account will be cancelled without pay upon termination of employment
			 with the state.
(b) Former
			 employees who return to state service are not entitled to credit for cancelled
			 banked sick leave earned in previous employment.
Authority:
AS
				  39.20.256
Alaska Administrative Code › Title 2 - Administration › Chapter 08 - Leave Rules › 2 AAC 08.110 - Separation and terminal leave

Current through May 31, 2024
(a) Payment for
			 unused personal leave shall be allowed upon separation from service. The
			 payment equals the cash value of the employee's personal leave balance at the
			 time of separation from state service.
(b) Employees who go on personal leave and
			 subsequently give notice of resignation, or who do not return to work, will be
			 considered to have separated on the last day worked. No additional leave will
			 accrue after the last day worked.
(c) Any exception to the policy stated in (b)
			 of this section requires the prior written approval of the commissioner of
			 administration.
Authority:
AS
				  39.20.250
AS
				  39.20.320
Alaska Administrative Code › Title 2 - Administration › Chapter 08 - Leave Rules › 2 AAC 08.999 - Definitions

Current through May 31, 2024
(a) Unless the context indicates otherwise,
			 in this chapter
(1) "day of leave" means the
			 number of hours normally scheduled to be worked in a workweek, divided by
			 five;
(2) "director" means the
			 director of personnel in the State of Alaska Department of
			 Administration;
(3) "employee"
			 means all officers and employees of the State of Alaska subject to the
			 provisions of this chapter;
(4)
			 "leave year" means the period from the January 1 through December 31 and
			 includes the 12-month period described in
			 AS
			 39.20.295;
(5) repealed 9/11/2022;
(6) "pay period" means a period not longer
			 than one month that is the basis for calculating full or prorated pay and leave
			 accrual under 2 AAC 07.385 and 2 AAC 08.030;
(7) "principal executive officer" means the
			 highest ranking administrative officer of each principal office and department
			 of the state.
Alaska Administrative Code › Title 2 - Administration › Chapter 10 - Collective Bargaining Among Public Employees › Article 3 - Strike Votes (Deleted)

Current through May 31, 2024
As of Register 127, the regulations in Article 3 [2 AAC
				  10.270 and 2 AAC 10.280] were deleted by the regulations attorney following the
				  adoption of regulations in 8 AAC 97 by the Alaska Labor Relations Agency, in
				  accordance with the provisions of Executive Order
				  77.
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 1 - Source Selection › 2 AAC 12.010 - Nondiscrimination in source selection

Current through May 31, 2024
Source selection may not be based on discrimination because
				  of race, religion, color, national origin, sex, age, marital status, pregnancy,
				  parenthood, disability, or political affiliation.
Authority:
AS
					 36.30.040
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 1 - Source Selection › 2 AAC 12.020 - Exclusion of prospective contractor from competition

Current through May 31, 2024
A procurement officer may exclude a prospective contractor
				  from submitting a bid or proposal, or may reject a prospective contractor's bid
				  or proposal, after making a written determination that the prospective
				  contractor assisted in drafting the invitation to bid or request for proposal,
				  or gained substantial information regarding the invitation to bid or request
				  for proposal that was not available to the public.
Authority:
AS
					 36.30.040
AS
					 36.30.050
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 1 - Source Selection › 2 AAC 12.030 - Procuring state-produced supplies or services from industries of Alaska correctional institutions

Current through May 31, 2024
Purchasing requirements of an agency may be fulfilled by
				  procuring supplies produced or services performed by industries of Alaska
				  correctional institutions. The commissioner of administration will determine
				  whether such supplies or services meet the state's requirements and whether the
				  price represents a reasonable cost for such supplies or services. If a
				  procurement is to be made from the state correctional industries program, the
				  private sector may not be solicited to compete.
Authority:
AS 33.32.030
AS 36.30.040
AS
					 36.30.100
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 1 - Source Selection › 2 AAC 12.040 - Procurement of legal counsel

Current through May 31, 2024
An agency may not contract for the services of legal counsel
				  without the prior written approval of the attorney general. Contracts for the
				  services of legal counsel may incorporate clauses for adjustments in prices,
				  time of performance, and total dollar amount.
Authority:
AS
					 36.30.015
AS
					 36.30.040
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 1 - Source Selection › 2 AAC 12.050 - Procuring supplies or services from employment programs or from youth education and employment programs

Current through May 31, 2024
(a) The chief
				procurement officer shall use the list maintained by the division of vocational
				rehabilitation of employment programs that qualify under
				AS
				36.30.990(11).
(b) A procurement officer may fulfill agency
				requirements by procuring supplies produced or services performed by an
				eligible employment program or an accredited youth education and employment
				program.
(c) Before procuring
				supplies or services from an eligible employment program or an accredited youth
				education and employment program, the procurement officer shall determine
				whether the supplies or services meet the state's requirements and whether the
				price represents a reasonable cost for the supplies or services. If it is
				determined that the requirements cannot be met by supplies produced or services
				performed by an eligible employment program or an accredited youth education
				and employment program, or the price is not reasonable, the procurement may be
				made from the private sector in accordance with AS 36.30 and this chapter. If a
				procurement is to be made from an employment program, it is not necessary that
				the private sector be solicited.
Authority:
AS
					 36.30.040
AS 36.30.100
AS
					 36.30.311
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 2 - Specifications › 2 AAC 12.070 - Authority to prepare specifications

Current through May 31, 2024
The chief procurement officer may prepare and approve
				  specifications for supplies or services. The commissioner of transportation and
				  public facilities may prepare and approve specifications for construction and
				  purchases for the state equipment fleet.
Authority:
AS
					 36.30.040
AS
					 36.30.060
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 2 - Specifications › 2 AAC 12.080 - Purpose of 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 state's
				needs.
(b) Specifications must, to
				the extent practicable, emphasize functional or performance criteria necessary
				to meet the needs of the state. Specifications emphasizing functional or
				performance criteria are primarily applicable to the procurement of supplies
				and services and might not be practicable in construction, apart from the
				procurement of supply type items for a construction project.
(c) It is state policy to procure standard
				commercial products if practicable.
Authority:
AS
					 36.30.040
AS
					 36.30.060
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 2 - Specifications › 2 AAC 12.090 - No unduly restrictive specifications

Current through May 31, 2024
Except for specifications relating to procurements under
				  2 AAC 12.400(b), all specifications
				  must describe the requirements to be met without having the effect of
				  exclusively requiring a proprietary supply, service, or construction item, or
				  procurement from a single source, unless no other manner of description will
				  suffice.
Authority:
AS
					 36.30.040
AS
					 36.30.060
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 2 - Specifications › 2 AAC 12.100 - Brand name specification

Current through May 31, 2024
Except for specifications relating to procurements under
				  2 AAC 12.400(b), a specification that
				  limits the procurement of items to a specific 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 state's
				  needs.
Authority:
AS
					 36.30.040
AS
					 36.30.060
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 2 - Specifications › 2 AAC 12.110 - Qualified products list

Current through May 31, 2024
(a) A qualified products list may be
				developed with the approval of the chief procurement officer, or the
				commissioner of transportation and public facilities, if testing or examination
				of the supplies or construction items before issuance of the solicitation is
				desirable or necessary in order to best satisfy state requirements.
(b) When developing a qualified products
				list, a representative group of potential suppliers must be solicited, in
				writing, to submit products for testing and examination to determine
				acceptability for inclusion on a qualified products list. Any potential
				supplier, even though not solicited, may offer its products for
				consideration.
(c) Inclusion on a
				qualified products list must be based on results of tests or examinations
				conducted in accordance with state requirements. Test results may be made
				public in a manner that protects the confidentiality of the identity of the
				competitors, such as using numerical designations. Except as otherwise provided
				by law, trade secrets, test data, and similar information provided by the
				supplier will be kept confidential if requested in writing by the
				supplier.
(d) The existence of a
				qualified products list does not constitute prequalification of any prospective
				supplier of prequalified products.
Authority:
AS
					 36.30.040
AS
					 36.30.060
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 3 - Competitive Sealed Bidding; Multistep Bidding › 2 AAC 12.120 - Invitations for competitive sealed bids

Current through May 31, 2024
(a) An invitation to bid must include the
				following:
(1) instructions and information to
				bidders concerning the bid submission requirements, the time and date set for
				receipt of bids, the address of the office to which bids are to be delivered,
				the maximum time for bid acceptance by the state, and any other special
				information;
(2) a purchase or
				project description, evaluation factors, delivery or performance schedule, and
				the inspection and acceptance requirements that are not included in the
				purchase or project description;
(3) a description of all applicable contract
				terms and conditions, including warranty and bonding or other security
				requirements;
(4) a requirement for
				certification by the bidder that it complies with the applicable provisions of
				42 U.S.C.
				1981 and  42 U.S.C. 2000  e - 2000e-17 (Civil
				Rights Act), 42 U.S.C.
				12001 -
				12213 (Americans with Disabilities
				Act of 1990), AS 18.80, and regulations adopted under those statutes;
(5) a requirement for certification by the
				bidder that, by submitting a bid, the bidder certifies that the price submitted
				was independently arrived at without collusion; and
(6) provisions, such as goals or financial
				incentives, established to eliminate and prevent discrimination in state
				contracting because of race, religion, color, national origin, sex, age,
				marital status, pregnancy, parenthood, or disability.
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 3 - Competitive Sealed Bidding; Multistep Bidding › 2 AAC 12.130 - Public notice

Current through May 31, 2024
(a) Except for small purchases made under
				2 AAC 12.400, notice of an invitation to bid shall be
				given by posting on the Alaska Online Public Notice System as required by
				AS
				36.30.130(a). Notice may
				also be provided in accordance with
				AS
				36.30.130 by one of the following methods:
(1) repealed 2/28/2014;
(2) publication in a newspaper of general
				circulation, and, if practicable, in a way calculated to reach prospective
				contractors located in the state;
(3) publication in a newspaper of local
				circulation in the area pertinent to the procurement, and, if practicable, in a
				way calculated to reach prospective contractors located in the state;
(4) notices posted in public locations within
				the area where the work is to be performed or the material or supplies
				furnished;
(5) communication in
				another appropriate media, including postings in electronic media, and, if
				practicable, in a way calculated to reach prospective contractors located in
				the state.
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 3 - Competitive Sealed Bidding; Multistep Bidding › 2 AAC 12.140 - 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.
(d) All documents relating to the correction
				or withdrawal of a bid shall be included in the appropriate procurement
				file.
Authority:
AS
					 36.30.040
AS
					 36.30.160
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 3 - Competitive Sealed Bidding; Multistep Bidding › 2 AAC 12.150 - Receipt, opening, and recording 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 until opened by the procurement officer. Upon
				receipt, a bid correction shall be securely stored until the time and date set
				for bid opening.
(b) Bids and
				corrections shall be opened at the time, date, and place designated in the
				invitation to bid. The name of each bidder, the bid price, and other
				information deemed appropriate by the procurement officer shall be
				tabulated.
Authority:
AS
					 36.30.040
AS
					 36.30.140
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 3 - Competitive Sealed Bidding; Multistep Bidding › 2 AAC 12.160 - Late bids, late corrections, and late withdrawals

Current through May 31, 2024
A bid received after the time and date set for receipt of
				  bids is late. A correction or withdrawal of a bid received after the time and
				  date set for opening of bids at the place designated for opening is late. A
				  late bid correction, or withdrawal, may not be accepted unless the delay was
				  due to an error of the contracting agency.
Authority:
AS
					 36.30.040
AS
					 36.30.160
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 3 - Competitive Sealed Bidding; Multistep Bidding › 2 AAC 12.170 - Inadvertent errors discovered after opening but before award

Current through May 31, 2024
(a) 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.
(b) If, before award, a procurement officer
				knows of an error in a bid, the officer shall notify the bidder of the
				error.
Authority:
AS
					 36.30.040
AS
					 36.30.160
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 3 - Competitive Sealed Bidding; Multistep Bidding › 2 AAC 12.180 - Bid evaluation and award

Current through May 31, 2024
(a) Award of a bid
				may not be based on discrimination due to the race, religion, color, national
				origin, sex, age, marital status, pregnancy, parenthood, disability, or
				political affiliation of the bidder. A bid shall be evaluated to determine
				whether the bidder responds to the provisions, such as goals or financial
				incentives, established in the invitation to bid in order to eliminate and
				prevent discrimination in state contracting because of race, religion, color,
				national origin, sex, age, marital status, pregnancy, parenthood, or
				disability.
(b) An evaluation of
				product acceptability shall 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.
(c) Bids may be
				evaluated to determine which bid offers the lowest cost to the state in
				accordance with the evaluation criteria set out in the invitation to bid.
				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 state has available concerning future use; and
(2) treat all bids equitably.
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 3 - Competitive Sealed Bidding; Multistep Bidding › 2 AAC 12.190 - Only one responsive bid received

Current through May 31, 2024
If only one responsive bid is received in response to an
				  invitation to bid, including multi-step bidding, an award may be made to the
				  single bidder if the bidder is responsible and if the procurement officer finds
				  that the price submitted is fair and reasonable and that either other
				  prospective bidders had reasonable opportunity to respond or there is not
				  adequate time for resolicitation. Otherwise the bid may be rejected and
(1) new bids or offers may be
				solicited;
(2) the proposed
				procurement may be cancelled; or
(3) if the procurement officer determines in
				writing that the need for the supply or service continues, but that the price
				of the one bid is not fair and reasonable, and there is no time for
				resolicitation or it is unlikely that resolicitation would increase the number
				of bids, the procurement may be conducted under
				2 AAC 12.410 (single source procurement),
				2 AAC 12.430 (limited competition procurement), or
				2 AAC 12.440 (emergency procurements), as
				appropriate.
Authority:
AS
					 36.30.040
AS
					 36.30.350
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 3 - Competitive Sealed Bidding; Multistep Bidding › 2 AAC 12.200 - 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
					 36.30.040
AS
					 36.30.500
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 3 - Competitive Sealed Bidding; Multistep Bidding › 2 AAC 12.210 - Notice of intent to award

Current through May 31, 2024
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 the bidder's right under
				AS 36.30 to protest the award, including the time within which the protest must
				be received; and
(2) the name of
				the successful bidder.
Authority:
AS
					 36.30.040
AS 36.30.365
AS
					 36.30.565
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 4 - Competitive Sealed Proposals › 2 AAC 12.215 - Exceptions to competitive sealed bidding

Current through May 31, 2024
(a) The following
				types of supplies and services, for which the use of competitive sealed bidding
				is either not practicable or not advantageous to the state, may be procured by
				competitive sealed proposals without a written determination by the procurement
				officer:
(1) professional services;
(2) supplies and services for clean up of oil
				and hazardous substances;
(3)
				telephone systems and telephone system maintenance;
(4) concession contracts;
(5) repealed 11/28/97;
(6) leased office space.
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 4 - Competitive Sealed Proposals › 2 AAC 12.220 - Public notice of competitive sealed proposals

Current through May 31, 2024
Public notice shall be given by distributing the request for
				  proposals or notice of requests for proposals in the manner provided in
				  2 AAC 12.130.
Authority:
AS
					 36.30.040
AS
					 36.30.210
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 4 - Competitive Sealed Proposals › 2 AAC 12.230 - Correction, modification, or withdrawal of proposals

Current through May 31, 2024
A proposal may be corrected, modified, or withdrawn before
				  the time and date set for receipt of proposals, in the manner described in
				  2 AAC 12.140.
Authority:
AS
					 36.30.040
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 4 - Competitive Sealed Proposals › 2 AAC 12.240 - Receipt and registration of proposals

Current through May 31, 2024
Proposals, modifications, and corrections shall have the date
				  and time of receipt recorded upon receipt, and shall be held securely. After
				  the date set for receipt of proposals, a register of proposals must be
				  prepared. The register must include the name of each offeror and a description
				  of the supply, service, or construction item offered.
Authority:
AS
					 36.30.040
AS
					 36.30.230
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 4 - Competitive Sealed Proposals › 2 AAC 12.250 - Late proposals, late corrections, late modifications, and late withdrawals

Current through May 31, 2024
Unless otherwise provided in the request for proposals, a
				  proposal, correction, modification, or withdrawal received after the date and
				  time set for receipt of proposals is late, and may not be accepted unless the
				  delay is due to an error of the contracting agency.
Authority:
AS
					 36.30.040
AS
					 36.30.210
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 4 - Competitive Sealed Proposals › 2 AAC 12.260 - Evaluation of proposals

Current through May 31, 2024
(a) The procurement
				officer, or a procurement evaluation committee consisting of at least three
				state employees or public officials, shall evaluate proposals. The procurement
				officer may be one of the members on a procurement evaluation
				committee.
(b) The evaluation must
				be based only on the evaluation factors set out in the request for proposals.
				The relative importance or weighting value of each evaluation factor shall be
				set out in the request for proposals. Numerical rating systems may be used, but
				are not required. If a numerical rating system is not used, the procurement
				officer, or each member of the evaluation committee, as applicable, shall
				explain his or her ranking determination in writing.
(c) Price must be an evaluation factor unless
				the services or supplies sought are selected in accordance with
				AS
				36.30.270(a) and (b). The
				proposal with the lowest price must receive the highest available rating
				allocated to price. A proposal that has a higher price than the next lowest
				must receive a lower rating for price.
(d) For the purposes of evaluating price, the
				proposed price of an offer or who qualifies as an Alaska bidder under
				AS
				36.30.990(2) shall be
				reduced by five percent. All other applicable preferences must be applied. This
				subsection does not apply to solicitations or contracts for lease space under
				AS
				36.30.080.
(e) If a numerical rating system is used, an
				Alaska offeror's preference of at least 10 percent of the total possible value
				of the rating system must be assigned to a proposal of an offeror who qualifies
				as an Alaska bidder under
				AS
				36.30.990(2). This
				subsection does not apply to solicitations or contracts for lease space under
				AS
				36.30.080.
(f) The following are some additional
				evaluation factors that may be considered:
(1)
				the offeror's experience in Alaska performing work similar to that sought in
				the request for proposals;
(2) the
				percentage of work that will be performed in Alaska;
(3) the location of the office of the offeror
				where the work will be performed;
(4) the offeror's past performance, including
				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, and adherence
				to contract schedules.
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 4 - Competitive Sealed Proposals › 2 AAC 12.265 - Evaluation factors for heavy trucks and equipment

Current through May 31, 2024
If a state agency uses competitive sealed proposals to
				  procure heavy trucks and heavy equipment, the state agency may use other
				  evaluation factors in addition to the evaluations factors set out in
				  2 AAC 12.260(c) - (f), including
(1) the price;
(2) the quality of the article
				offered;
(3) the performance
				capabilities of the offerors and the manufacturers;
(4) the suitability of the article
				offered;
(5) the service
				requirements, including warranty, parts availability, and parts
				locations;
(6) durability as
				measured by projected operating and maintenance costs;
(7) the resale value;
(8) the transportation charges;
(9) the date of delivery and performance;
				and
(10) other factors determined
				to be pertinent or peculiar to the procurement.
Authority:
AS
					 36.30.040
AS
					 36.30.250
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 4 - Competitive Sealed Proposals › 2 AAC 12.270 - Only one responsive proposal

Current through May 31, 2024
If after evaluation under
				  2 AAC 12.260 and discussion under
				  2 AAC 12.290 only one responsive and responsible
				  proposal is available for award, the procurement officer may make an award in
				  accordance with
				  AS
				  36.30.250, may reject the proposal, or may
				  reject the proposal and resolicit proposals.
Authority:
AS
					 36.30.040
AS
					 36.30.350
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 4 - Competitive Sealed Proposals › 2 AAC 12.285 - Clarification of offers

Current through May 31, 2024
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 offeror for clarification of
				  uncertainties or elimination of confusion concerning the contents of a proposal
				  that does not result in a material or substantive change to the proposal. 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
					 36.30.040
AS
					 36.30.240
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 4 - Competitive Sealed Proposals › 2 AAC 12.290 - Proposal discussions with individual offerors

Current through May 31, 2024
(a) Offerors of
				proposals reasonably susceptible for award as determined in the evaluation
				conducted under
				2 AAC 12.260 may be offered the opportunity to discuss
				their proposals with the procurement officer or evaluation committee at the
				discretion of the procurement officer. The procurement officer may limit
				discussions to specific sections of the proposals received or specific sections
				of the request for proposals. The opportunity for confidential discussions, if
				held, must be extended to all offerors submitting proposals deemed reasonably
				susceptible for award. Auction techniques that reveal one offeror's price to
				another, and disclosure of any information derived from competing proposals,
				are prohibited.
(b) Any oral
				modification of a proposal resulting from proposal discussions under (a) of
				this section shall be reduced to writing by the offeror.
(c) Following discussions, the procurement
				officer may set a date and time for the submission of best and final proposals.
				Best and final proposals may be submitted only once. However, the chief
				procurement officer or the head of a purchasing agency may make a written
				determination that it is in the state's best interest to conduct additional
				discussions or change the state's requirements and require another submission
				of best and final proposals. Otherwise, discussion of or changes in the best
				and final proposals may not be allowed before award. 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.
(d) The evaluation of a
				proposal may be adjusted as a result of a discussion under this section. The
				conditions, terms, or price of the proposal may be altered or otherwise changed
				during the course of the discussions provided the changes are within the scope
				of the request for proposals. After best and final proposals are received,
				final evaluations will be conducted as described in
				2 AAC 12.260.
Authority:
AS
					 36.30.040
AS
					 36.30.240
Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 4 - Competitive Sealed Proposals › 2 AAC 12.295 - Amendments to requests for proposals

Current through May 31, 2024
If, after receipt of proposals, there is a need for any
				  substantial clarification of or material change in the request for proposals,
				  the request must be amended to incorporate the clarification or change, and a
				  date and time established by the procurement officer for receipt of new or
				  amended proposals. Evaluations may be adjusted as a result of receiving new or
				  amended proposals.
Authority:
AS
					 36.30.040
AS
					 36.30.210