Alaska Administrative Code › Title 2 - Administration › Chapter 12 - Procurement › Article 18 - General Provisions › 2 AAC 12.990 - Definitions

Current through May 31, 2024
(a) In this chapter
(1) "business license" means a license
				required under the Alaska Business License Act (AS 43.70) and, for a person
				engaging in a business subject to licensing provisions of a regulatory nature,
				a license, certificate, permit, registration, or similar evidence of authority
				issued for an occupation by competent legal authority;
(2) "chief procurement officer" means the
				officer appointed under
				AS
				36.30.010 as the chief procurement
				officer;
(3) "concession contract"
				means a contract
(A) in which the primary
				method of compensation is based on commissions paid to the
				contractor;
(B) the commissions are
				generated from the collection of receipts, or fees for services, charged to
				customers other than the state; and
(C) generally, the commissions are based on a
				percentage of gross sales or an established fee schedule and do not involve the
				expenditure of state funds;
(4) "cost analysis" means the evaluation of
				cost data for the purpose of arriving at costs actually incurred or estimates
				of costs to be incurred, prices to be paid, and costs to be
				reimbursed;
(5) "cost data" means
				information concerning the actual or estimated cost of labor, material,
				overhead, and other cost elements that have been actually incurred or that are
				expected to be incurred by the contractor in performing the contract;
(6) "employment agreement" means an agreement
				or contract between an employer and an employee in which the terms and
				conditions of employment are set out, and includes a contract with a citizen of
				a foreign country for services to be performed primarily in the foreign
				country, if the contract provides for such matters as state control of the work
				performed, the hours of work, the benefits that will be provided to a person
				who performs work under the contract, and the state's right to discharge a
				person who performs work under the contract;
(7) "interested party" means an actual or
				prospective bidder or offeror whose economic interest might be affected
				substantially and directly by the issuance of a contract solicitation, the
				award of a contract, or the failure to award a contract;
(8) "minor informalities" means matters of
				form rather than substance which are evident from the bid document, or are
				insignificant matters that have a negligible effect on price, quantity,
				quality, delivery, or contractual conditions and can be waived or corrected
				without prejudice to other bidders;
(9) "nonresponsive" means a bid or proposal
				that does not conform in all material respects to the solicitation;
(10) "price analysis" means the evaluation of
				price data, without analysis of the separate cost components and profit as in
				cost analysis, which may assist in arriving at prices to be paid and costs to
				be reimbursed;
(11) "price data"
				means factual information concerning offered or proposed selling prices,
				historical selling prices, and current selling prices, including profit, for
				supplies, services, or construction substantially similar to those being
				procured;
(12) "responsive bidder"
				means a firm or person who has submitted a bid that conforms in all material
				respects to the solicitation;
(13)
				"solicitation" means an invitation to bid, a request for proposals, a request
				for quotations, or any other method of soliciting bids, proposals, or quotes to
				perform a state contract;
(14)
				"accredited youth education and employment program" means a program that allows
				participants to earn academic credits that are recognized by a school district
				in this state;
(15) "alternate
				dispute resolution" means an informal technique that is voluntarily used to
				resolve issues in controversy; "alternate dispute resolution" includes
				negotiation, mediation, facilitation, and arbitration;
(16) "practicable" has the meaning given in
				(b) of this section;
(17)
				"reasonable and adequate procedures" means procedures that ensure fairness to
				potential offerors and competition commensurate with the circumstances of the
				procurement, considering price, mission requirements, and available
				competition; "reasonable and adequate procedures" includes contacting only one
				potential offeror in appropriate circumstances;
(18) "Alaska Online Public Notice System"
				means the system developed under
				AS
				44.62.175;
(19) "division of vocational rehabilitation"
				means the division of vocational rehabilitation in the Department of Labor and
				Workforce Development.